Porterville City Council
September 6, 2022

City Council Agenda September 6, 2022

CITY COUNCIL AGENDA
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
SEPTEMBER 6, 2022, 5:30 PM
Pursuant to the provisions of Assembly Bill 361, signed into law by Governor Newsom on September 16, 2021, and in an effort to protect public health and slow the rate of transmission of COVID-19, the City of Porterville is allowing for and encouraging electronic participation at City Council Meetings. Until further notice, Porterville City Council Meetings will be live streamed on YouTube at https://www.youtube.com/channel/UC5KuhSrNMNL9nwHJVtnJvvA Alternatively, this meeting will also be available via Zoom using the following information Topic: City of Porterville – City Council Meeting of September 6, 2022 Please use the following link below to join the webinar:
https://us06web.zoom.us/j/84246351507?pwd=TVc3KzBDSTRxY2xncEMxdE5kTysvZz09 Or via Telephone: 1-669-900-6833 Webinar ID: 842 4635 1507 Passcode: 375695 Call to Order
Roll Call

ORAL COMMUNICATIONS
This is the opportunity to address the City Council on the Scheduled Matter or any matter scheduled for Closed Session. Unless additional time is authorized by the Council, all commentary shall be limited to three minutes.

SCHEDULED MATTER

1. Administration of Oath of Office and Seating of New City Council Re: Swearing in Donald Weyhrauch as a new City Council Member representing District Four.

CITY COUNCIL CLOSED SESSION:

A. Closed Session Pursuant to:

1 - Government Code Section 54956.8 – Conference with Real Property Negotiators/Property: APN: 261-130-004. Agency Negotiator: John Lollis. Negotiating Parties: City of Porterville and Cornerstone Main Partners II, L.P. Under Negotiation:

Terms and Price.

2 - Government Code Section 54957.6 – Conference with Labor Negotiator. Agency Negotiator: John Lollis and Patrice Hildreth. Employee Organizations: Porterville City Employees Association, Public Safety Support Unit, Management and Confidential Series, Porterville Peace Officers Association, Fire Officer Series, Porterville City Firefighters Association, and all unrepresented management employees.

City Council Agenda September 6, 2022

3 - Government Code Section 54956.95 – Liability Claim: Claimant: Debra Mumaw. Agency claimed against: City of Porterville.

4 - Government Code Section 54956.9(d)(3) – Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation: Three (3) cases in which facts are not yet known to potential plaintiffs.

5 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: One (1) case. 6:30 P.M. RECONVENE OPEN SESSION AND REPORT ON

REPORTABLE ACTION TAKEN IN CLOSED SESSION
Pledge of Allegiance Led by Mayor Flores
Invocation

PRESENTATIONS
Employee of the Month - Jesus Gallardo

ORAL COMMUNICATIONS
This is the opportunity to address the Council on any matter of interest, whether on the agenda or not. Please address all items not scheduled for public hearing at this time. Unless additional time is authorized by the Council, all commentary shall be limited to three minutes.

AB 1234 REPORTS
This is the time for all AB 1234 reports required pursuant to Government Code § 53232.3.

1. Tulare County Homeless Task Force - August 17, 2022

2. Porterville College Convocation - August 18, 2022

3. Library Facility Planning Committee - August 18, 2022

4. Porterville Area Development Authority (PADA) Board - August 19, 2022 -

CANCELLED

5. Visalia Rawhide "Porterville Night" Baseball Game - August 20, 2022

6. Tulare County Economic Development Corporation (TCEDC) Board - August 24, 2022

7. Internal City Audit Committee - August 24, 2022

8. Tulare County Regional Transit Agency (TCRTA) Board - August 24, 2022

9. Tulare County Association of Governments (TCAG) Coordination Meeting - August 25, 2022

10. Success Dam Spillway Groundbreaking - August 26, 2022

11. Police Department Badge Pinning Ceremony - September 1, 2022

12. Leadership Porterville Class Reception - September 1, 2022 City Council Agenda September 6, 2022

13. Eastern Tule Groundwater Sustainability Agency (ETGSA) - September 1, 2022

CONSENT CALENDAR
All Consent Calendar Items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made, in which event the item will be removed from the Consent Calendar. All items removed from the Consent Calendar for further discussion will be heard at the end of Scheduled Matters.

2. Authorization to Repair Off-Highway Vehicle Park Water Truck Re: Consideration and approval of repair to the OHV Water Truck emission system by E.M.

Tharp, Inc. at a cost not to exceed $19,852.

3. Authorization to Repair Compressed Natural Gas Fueling Station Re: Consideration and approval to repair the CNG Fueling Station by ANGI Inc. at a cost not to exceed $30,913.

4. Authorization to Replace Traffic Signal Loops
Re: Consideration of approval to replace and or repair traffic signal loops located at the intersections of Indiana Street and Putnam Avenue, Morton Avenue and D Street, Morton Avenue and Prospect Street, and Morton Avenue and Newcomb Street, by Loop Electric at a cost not to exceed $22,407.

5. Authorization to Award Contract - Animal Shelter Project Re: Considering award of contract in the amount of $6,465,000 to AMG & Associates, Inc. for the Animal Shelter Project at 185 N. D Street.

6. Authorization to Enter into an Agreement with CliftonLarsonAllen LLP for Financial Audit Services
Re: Approving a Master Services Agreement (MSA) with CliftonLarsonAllen LLP (CLA) for professional services; the Statement of Work for the audit of the City's financial statements for the fiscal year ended June 30, 2022; the Statement of Work for the agreedupon procedures for the review of the City's appropriations limit calculation for the fiscal year ended June 30, 2022; and authorizing the issuance of a RFP for Financial Audit Services for the succeeding fiscal years beginning with the fiscal year ending June 30, 2023.

7. Authorization to Negotiate Consultant Contract - Fourth Street Community Center and Park
Re: Consideration to negotiate a consultant contract for the Fourth Street Community Center and Park located at the southeast corner of Henderson Avenue and Fourth Street along the Santa Fe Byway Trail (formally known as Rails-to-Trails).

8. Authorization to Execute Consultant Agreement With 4Creeks, Inc.

Re: Consideration to authorize the execution of a Consultant Agreement for the Santa Fe Byway Trail (a Clean California Grant project), with 4Creeks, Inc; and for the noninfrastructure component of the project with the Climate Action Pathways through the Porterville Unified School District.

9. Acceptance of Final Subdivision Map - Royal Oaks, Phase 2 Re: Consideration to approve the final subdivision map of Royal Oaks, Phase 2, generally located along South Indiana Street, and north of Melinda Avenue.

10. Final Ballot Results - Area 457 Sewer Utility District City Council Agenda September 6, 2022

Re: Consideration to accept the voting results for Area 457 Sewer Utility District and adopt the draft Resolution approving the formation of Sewer Utility District No. 457.

11. Authorization of Street Closure for Pioneer Days
Re: Consideration to authorize the temporary street closure of Main Street from Morton to Putnam, and on Harrison, Thurman and Cleveland from Division to the alley just east of Main, on October 8, 2022, from 6:00 AM- 4:00 PM, during Pioneer Days.

12. Approval of Community Civic Event - Central California Family Crisis Center, Inc. - 22nd Annual Domestic Violence Candlelight Vigil - October 20, 2022 Re: Considering approval of an event to take place at Centennial Park on Thursday, October 20, 2022, from 4:00 p.m. to 8:30 p.m.

13. City of Porterville Conflict of Interest Code - 2022 Biennial Report and Proposed Amendment
Re: Accepting the Conflicts and Disclosure Monitor Agency 2022 Biennial Report.

14. Amendment to Employee Pay and Benefit Plan - Porterville Peace Officers Association Re: Considering approval of a draft Resolution authorizing amendments to the Employees' Pay and Benefit Plan and other documents as may be necessary to implement the negotiated changes in salary and benefits for Porterville Peace Officers Association employees.

15. Amendment to Employee Pay and Benefit Plan - Fire Officer Series Re: Considering approval of a draft Resolution amending the Employee Pay and Benefit Plan pertaining to the Fire Officer Series employees.

16. Approval of Side Letter Agreement Concerning Porterville City Employees Association, Public Safety Support Unit, and Management & Confidential Series Re: Considering approval of a Side Letter Agreement for PCEA, PSSU and MCS employees concerning an amendment to the Employee Service Award benefit.

17. Reaffirm Conditions of State Assembly Bill 361 to Continue Remote Attendance at Public Meetings
Re: Consider adoption of a draft Resolution consistent with AB 361 to continue to allow remote attendance at public meetings.

18. Status and Review of Local Emergency: Drought
Re: Considering approval of the continuance of the Declaration of Local Emergency.

A Council Meeting Recess Will Occur at 8:30 p.m., or as Close to That Time as Possible

PUBLIC HEARINGS

19. Formation of Sewer Utility District 474B
Re: A Public Hearing to receive comments and accept ballots to consider the formation of a sewer utility district in the area generally north of West North Grand, east of Newcomb Avenue and west of Douglas Avenue.

20. Formation of Sewer Utility District 475D
City Council Agenda September 6, 2022

Re: A Public Hearing to receive comments and accept ballots to consider the formation of a sewer district in the area generally north of Henderson Avenue, south of the Castle Avenue prolongation, west of Indiana Street, and east of Lime Street.

21. Formation of Sewer Utility District 476
Re: A public hearing to receive comments and accept ballots to consider the formation of a sewer utility district for the area generally located along Gibbons Avenue to the south, east of Jaye Street, along Plano Street to the east, and south of College Avenue.

22. Formation of Sewer Utility District 478B & 478C
Re: A public hearing to receive comments and accept ballots to consider the formation of a sewer utility district in the area generally located along W. North Grand Avenue to the north, east of Beverly Street and west to Main Street, and north of Pioneer Avenue (478B) and south of Harrison Avenue to the North, just south of Olive Avenue along Road 223 to the South, east of Road 222 and west of Westwood Avenue.

23. 2021-2022 Consolidated Annual Performance Evaluation Report (CAPER) Re: Consideration of the 2021-2022 Consolidated Annual Performance Evaluation Report; and authorizing its submission to the Department of Housing and Urban Development.

24. Affirming Designation of Rule 20A Program Utility Undergrounding Project Re: Consideration of a draft Resolution to affirm the designation of Morton Avenue between Main Street and Roche Street as the City's Rule 20A program utility undergrounding project.

SCHEDULED MATTERS

25. Consideration of City Council Appointments to Boards and Committees Re: Considering appointments of Council Members to various boards and committees.

ORAL COMMUNICATIONS

OTHER MATTERS

CLOSED SESSION
Any Closed Session Items not completed prior to 6:30 p.m. will be considered at this time.

ADJOURNMENT - to the meeting of September 20, 2022 at 5:30 P.M.

In compliance with the Americans with Disabilities Act and the California Ralph M. Brown Act, if you need special assistance to participate in this meeting, or to be able to access this agenda and documents in the agenda packet, please contact the Office of City Clerk at (559) 782-7464.

Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting and/or provision of an appropriate alternative format of the agenda and documents in the agenda packet.

Materials related to an item on this Agenda submitted to the City Council after distribution of the Agenda packet are available for public inspection during normal business hours at the Office of City Clerk, 291 North Main Street, Porterville, CA 93257, and on the City’s website at www.ci.porterville.ca.us.

CITY COUNCIL AGENDA – SEPTEMBER 6, 2022
SUBJECT: Administration of Oath of Office and Seating of New City Council SOURCE: Administrative Services
COMMENT:

Pursuant to the provisions of Section 16 of the Porterville City Charter, at its meeting on August 16, 2022, the City Council acted to appoint Donald "Don" Weyhrauch to the Office of City Council representing District Four. Council Member Weyhrauch will serve the unexpired term of Council Member A.

Monte Reyes until the seating of a duly elected or appointed successor at the November 2024 General Municipal Election.

As the Council is aware, a vacancy on the Council was declared on July 19, 2022, with the resignation of Council Member A. Monte Reyes. At its Special Meeting on July 25, 2022, the Council took action to direct staff to advertise the vacancy and seek applications from interested individuals with a submission deadline of August 10, 2022. Eligibility for appointment consisted of residing within the boundaries of District Four and being a registered voter. Three individuals submitted applications by the stated deadline: Dawn M. Bennett, Edward L. McKervey and Donald "Don" Weyhrauch.

At its Special Meeting on August 15, 2022, the Council interviewed the applicants; and pursuant to the direction of the Council, consideration of the appointment was scheduled for the Council’s regular meeting on August 16, 2022, at which the Council acted to appoint Don Weyhrauch.

RECOMMENDATION: That Donald "Don" Weyhrauch be sworn in as a Council Member representing District Four for a term to expire upon the seating of a duly elected or appointed successor at the November 2024 General Municipal Election.

ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

Patrice Hildreth, Deputy City Manager
Final Approver: John Lollis, City Manager
Item No. 2.

CITY COUNCIL AGENDA – SEPTEMBER 6, 2022
SUBJECT: Authorization to Repair Off-Highway Vehicle Park Water Truck SOURCE: Public Works
COMMENT: Vehicle #5357 is an active Water Truck at the Off-Highway Vehicle (OHV) Park which has experienced significant emission system failure and requires replacement of the EGR cooler and turbo. This vehicle is powered by a Cummins diesel engine and should be repaired by a certified Cummins service center.

Staff is requesting authorization to utilize E.M. Tharp, Inc., which is the nearest Cummins engine service center, to perform the required EGR cooler and turbo replacement at an estimated cost not to exceed $19,852 (inclusive of all parts, taxes, labor, including a 10% contingency). The repair will be funded by the California State Off-Highway Vehicle Grant, and the OHV General Fund.

RECOMMENDATION: That the City Council:

1. Authorize emission system repair of the OHV Park Water Truck by E.M. Tharp, Inc. at a cost not to exceed $19,852 (inclusive of all parts, taxes, labor, including a 10% contingency); and

2. Authorize payment of said repair upon satisfactory
completion.

ATTACHMENTS: 1. E.M. Tharp, Inc. Repair Estimate
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Public Works Director
Final Approver: John Lollis, City Manager
Golden State Peterbilt - Porterville
15243 Road 192 Porterville, California 93257
Phone: (559) 782-5800
Case Number: 15350953
Repair Order Number: 6386
Purchase Order Number: N/A
Service Advisor: Dawodu, Tobi - Case Date 2022-07-27 15:09:50 -0700 Customer: City Of Porterville Unit Number: 5357
Address: 291 NORTH MAIN STREET
PORTERVILLE, CA 93257
Phone: (559) 782-7456
Fax: N/A
Customer Number: 2992
Asset: 2011 Freightliner M2 - 106MD
Serial Number: BDBA5983
VIN: 1FVACXBS6BDBA5983
Engine: CUM ISC
Engine Hours: 0
Miles: N/A
Warranty Start: N/A
In Service: N/A
Item Operation Name Labor Charges Parts Additional Charges Totals 1 Engine Check and Advise $180.00 $634.12
Additional Charges:

Shop Sup, Shop Supplies $36.00 $36.00
HAZ, Hazardous Waste Fee $25.00 $25.00
Parts:
-(12.0) [3945252CUM] SPACER,MOUNTING $7.57 $90.84
-(12.0) [3944593CUM] SCREW,HEX FLANGE HEAD CAP $4.77 $57.24 -(1.0) [3683940CUM] SEAL,EXHAUST MANIFOLD $49.05 $49.05 -(1.0) [P607955] FILTER AIR PRMY PC $76.99 $76.99
Complaint:

ORANGE CHECK ENGINE LIGHT IS ON.
2 Air Intake System Repair $180.00 $824.15
Additional Charges:

Shop Sup, Shop Supplies $72.00 $72.00
Parts:
-(2.0) [3049221CUM] SEAL,O RING $2.61 $5.22
-(1.0) [5253019CUM] GASKET,EXH GAS RCN VALVE $14.15 $14.15 -(2.0) [4932615CUM] GASKET,CONNECTION $4.23 $8.46
-(2.0) [3104230CUM] GASKET,EXH GAS RCN VALVE $38.16 $76.32 Complaint:

PERFORM INTAKE CLEANING
3 Emissions Repair $180.00 $4,373.56
Additional Charges:

Shop Sup, Shop Supplies $180.00 $180.00
Parts:
-(1.0) [3755843CUM] GASKET,TURBOCHARGER $28.07 $28.07
-(4.0) [3818824CUM] NUT,REGULAR HEXAGON $3.29 $13.16
-(4.0) [5286984CUM] Stud $9.41 $37.64
-(1.0) [5295436CUM] GASKET,CONNECTION $5.68 $5.68
-(1.0) [5319449CUM] TUBE,WATER INLET $170.31 $170.31
-(1.0) [5297810CUM] TUBE-AIR TRANSFER $194.23 $194.23
-(1.0) [4352363CUM] KIT-EGR COOLER $769.78 $769.78
-(1.0) [5566887CUM] KIT,EXH RCN COOLER $1,354.69 $1,354.69 Complaint:

REPLACE EGR COOLER
4 Engine Repair $180.00 $10,640.17
Additional Charges:

Shop Sup, Shop Supplies $5.00 $5.00
Parts:

Golden State Peterbilt - Porterville ESTIMATE VERSION 3 - POSTED TO FLEET Updated at: 2022-08-08 15:35:54 -0700

ESTIMATE VERSION 3 - POSTED TO FLEET
Updated at: 2022-08-08 15:35:54 -0700

ESTIMATE
Item Operation Name Labor Charges Parts Additional Charges Totals -(1.0) [5633651CUM] KIT, EXHAUST MANIFOLD $1,297.62 $1,297.62 -(1.0) [4992857CUM] MANIFOLD,EXHAUST $294.71 $294.71
-(1.0) [5458389RXCUM] KIT,TURBOCHARGER $5,708.71 $6,758.71 -(6.0) [5269779CUM] GASKET,EXHAUST MANIFOLD $15.90 $95.40 -(1.0) [4034287CUM] KIT-VG TUR ACT SERVICE $2,193.73 $2,193.73 Complaint:

TURBO REPLACEMENT
Labor: $2,880.00
Parts: $12,542.00
Core: $1,050.00
Taxes: $1,257.26
Other Misc Charges: $318.00
Total: $18,047.26
This estimate is subject to teardown and inspection and is valid for 30 days from date above. I, the undersigned, authorize you to perform the repairs and furnish the necessary materials. I understand any costs verbally quoted are an estimate only and not binding.

Your employees may operate vehicle for inspecting, testing and delivery at my risk. You will not be responsible for loss or damage to vehicle or articles left in it. AUTHORIZED BY:_________________________ DATE:___/____/____ Golden State Peterbilt - Porterville ESTIMATE VERSION 3 - POSTED TO FLEET Updated at: 2022-08-08 15:35:54 -0700

ESTIMATE VERSION 3 - POSTED TO FLEET
Updated at: 2022-08-08 15:35:54 -0700

ESTIMATE
Golden State Peterbilt - Porterville
Customer: City Of Porterville
Case Number: 15350953
Unit Number: 5357
Asset: 2011 Freightliner M2 - 106MD
VIN: 1FVACXBS6BDBA5983
Item No. 3.

CITY COUNCIL AGENDA – SEPTEMBER 6, 2022
SUBJECT: Authorization to Repair Compressed Natural Gas Fueling Station SOURCE: Public Works
COMMENT: As the result of an automobile accident on June 29, 2022, the City's Compressed Natural Gas (CNG) fueling station experienced a complete loss of the Programmable Logic Controller (PLC) of one of the two CNG compressors.

This happened on Compressor #1, which contains the logic for both compressors, the time-fill and the public access fast-fill. City staff worked with the manufacturer to implement manual operation of the remaining compressor in order to fuel the City fleet as well as provide limited fueling to the public access dispensers.

It was determined at this time that the PLC model is obsolete and cannot be repaired. Both compressor PLC’s will need to be fitted with an upgrade package, and programmed with the station’s specific logic. The factory support technician advised that the upgrade kit has not been used on a model so far out of date as the one the City has, which may incur additional costs to bring the units up to date. This can only be accomplished by working directly with the manufacturer on the purchase, installation and programming of the new PLC’s.

Staff is requesting authorization to purchase the new PLC’s and necessary components to complete the repair/upgrade of the station at a cost not to exceed $30,913. This includes the PLC's, panels, installation and other components plus a twenty percent (20%) contingency, which is above the usual ten percent (10%) contingency due to the potential for additional costs for installation due to the antiquated model.

Since the majority of the City Refuse fleet, part of the Transit fleet and other outside agencies depend heavily on this station operating at peak capacity, this is a high priority repair. Funding is available in the Shop Equipment Replacement Fund.

RECOMMENDATION: That the City Council:

1. Authorize the repair of the CNG Fueling Station by ANGI Inc. at a cost not to exceed $30,913 (inclusive of all parts, taxes, labor, including a 20% contingency); and

2. Authorize payment of said repair upon satisfactory
completion.

Item No. 3.

ATTACHMENTS: 1. ANGI Energy Systems, LLC Quote
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Public Works Director
Final Approver: John Lollis, City Manager
ANGI Energy Systems, LLC
PO Box 5216
Janesville, WI 53547-5216
Telephone : 608-563-2800
Fax ... .. ..: 608-531-2635
Quoted For:

City of Porterville
Public Works 555 N Prospect St
Porterville, CA 93257
Quotation
Number . ... .. .. : Q030189-1
Date ... .. ... .. .. : 8/16/2022
Page .. .. ... .. .. : 1 of 4
Requisition . .. .. :

Cust Ref ... .. .. :

Payment ... .. .. : Net 30
Item number Description Quantity Unit List Price Unit Price Amount E02-90-168 KIT-RX371 TO XL7/SMART RAIL

CONVERSION

2.00 Each 6,332.45 6,332.45 12,664.90

Q-LABOR ESTIMATED LABOR - TO BE BILLED AT
ACTUAL

40.00 hour 150.00 150.00 6,000.00

FS ESTIMATED EXPENSES - TO BE

BILLED AT ACTUAL

1.00 Each 3,000.00 3,000.00 3,000.00
PROG LBR Program product before shipment
Labor associated with processing for
sale. Manually route, return to Whs for
shipment.
30155 - TICKET 60101

15.00 hour 195.00 195.00 2,925.00
Prices are U.S. dollars and do not include freight, duties, customs, taxes, or any special packaging.

Quote is valid for 15 days from quotation date.

This quote is governed by ANGI’s Standard Warranty and Standard Terms and Conditions unless the customer listed on this quote has a separate contract with ANGI Energy Systems LLC for equipment and services, in which case the terms in that contract shall govern. Any additional or conflicting terms that the quoted customer included as part of the quote are REJECTED.

In an effort to better serve our customers ANGI will institute a new shipping policy May 1, 2018. As a matter of practice a confirmed order will be shipped on the confirmed date with all parts available at ANGI to ship. Any parts not at ANGI on that due date will be held and consolidated into a final shipment upon arrival of the last remaining part. *** If this method does not fit your service need then please make your technical service advisor aware of your shipping direction or note on your purchase order in terms that state ship order complete or the shipping instructions you require. *** Contact Customer Service at [email protected] to request a copy of ANGI’s Standard Warranty or Terms and Conditions.

Sales balance Off Invc Disc Freight Sales tax Total
24,589.90 0.00 0.00 1,171.49 25,761.39

STANDARD TERMS AND CONDITIONS OF SALE

UNITED STATES & CANADA
ANGI ENERGY SYSTEMS, LLC (“SELLER”) agrees to sell to BUYER equipment and/or services described and listed in the Proposal (hereinafter “EQUIPMENT,” “GOODS,” and/or “SERVICES”) subject to the following terms and conditions as follows:

1. Acceptance. The following terms and conditions of sale are applicable to all quotations and purchase orders and are the only terms and conditions applying to the sale of Seller’s products or services except those that relate to prices, quantities, delivery schedules, and the description and specifications of the products. Seller hereby objects to and rejects any other terms and conditions appearing on, incorporated by reference in or attached to a purchase order. Buyer’s acceptance of products or services called for in said purchase order shall constitute its acceptance of the following terms and conditions.

2. Billing and Payment. Unless otherwise agreed to in writing, Buyer shall make payments to Seller according to the following progress payment schedule:
» Thirty percent (30%) of the total purchase price as a down payment to be remitted simultaneously with the written purchase order.
» Thirty percent (30%) of the total purchase price upon written notice of the commencement of assembly.
» Thirty percent (30%) of the total purchase price upon written notice of readiness to ship.
» Ten percent (10%) of the total purchase price “Net-30 Days” from the date of shipment or upon transfer of title to Buyer. (a) Payment shall be due within 30 days from date of invoice unless otherwise agreed to in writing by Seller. Payment terms are subject to approval of Seller’s credit department. Seller reserves the right to impose finance charges which is the lower one and one-half percent (1½%) per month or the highest rate allowed by law on any amount which becomes past due and delinquent. However, if in Seller’s opinion, Buyer’s financial condition reasonably appears to call for such action, Seller may require payment in advance.
(b) Prices quoted are exclusive of, and Buyer agrees to pay, any foreign, federal, state or local excise, sales, use, personal property or any other taxes or duties, excepting only taxes based on Seller’s income.

Any certificates or other evidence of applicable exemptions to such taxes or duties must be made available to Seller prior to invoicing or such taxes or duties will be charged to Buyer, provided, however, that if Seller does not collect such items from Buyer and is later requested or required to pay the same to any taxing authority, Buyer will promptly make such payment to Seller or, if requested by Seller, directly to such taxing authority.
(c) If any particular invoice is not paid when due, Buyer agrees to pay all collection costs if this account is referred outside for collection or, if suit is brought to collect this account, Buyer agrees to pay all costs and reasonable attorneys’ fees, including all costs and reasonable attorneys’ fees incurred on any appeal to an appellate court.

3. Place of Delivery, Method of Tender, and Transfer of Title. (a) Sales within U.S. Delivery terms and pricing for sales within the United States are CPT (Incoterms 2010) Buyer’s destination (“Place of Destination”) unless otherwise agreed to in writing by Seller. Seller shall arrange for transportation of the goods ordered by an appropriate means of transportation. Freight is Pre-paid from Seller’s Dock (“Point of Delivery”) and incurred after the goods are delivered to the carrier from Point of Delivery to the Place of Destination. Risk of loss of or damage to the goods or any part of the goods shall pass to the Buyer upon delivery to carrier at the Point of Delivery, and Buyer shall have the responsibility of filing any damage claims with the carrier. Buyer shall arrange for applicable insurance covering the goods from Point of Delivery to their Place of Destination. Legal title to the goods shall pass to Buyer at the Point of Delivery.
(b) Sales outside of U.S. Delivery terms and pricing for export sales are FCA (Incoterms 2010) Seller’s Dock, ANGI Factory Janesville, WI (“Point of Delivery”) unless otherwise agreed to in writing by Seller.

Seller shall arrange for transportation of the goods ordered by an appropriate means of transportation and pay all inland freight charges from Point of Delivery to the first USA port of export unless otherwise agreed to in writing by Seller. Buyer shall arrange for applicable insurance covering the goods during transit to their destination. Where 150831_ANGI Energy Systems Tcs Of Sales-ANGI Products, Page 1 of 2 Buyer requires special delivery requirements, any special expense is to be borne by the Buyer, including special handling, packaging and additional freight charges. When “export packing” is required, any extra charges such as export duties, licenses, fees and the like shall be borne by Buyer. Risk of loss of or damage to the goods or any part of the goods shall pass to the Buyer upon delivery to carrier at the Point of Delivery, and Buyer shall have the responsibility of filing any damage claims with the carrier. This order is subject to Seller’s ability to obtain export licenses and other necessary papers within a reasonable period.

Buyer will furnish all Consular and Customs declarations and will accept and bear all responsibility for penalties resulting from errors or omissions thereon. Buyer shall not re-export the goods or items which incorporate the goods if such re-export would violate applicable export laws. Legal title to the goods shall pass to Buyer at the Point of Delivery, except for sales to Canada or Central or South America (excluding Mexico), in which case legal title to the goods shall pass to Buyer when the goods cross an international border (including without limitation entering international waters), or at such later point as may be agreed to in writing by Seller.

4. Installation. Unless otherwise specified in writing on a quotation provided by an authorized representative of Seller, Buyer assumes responsibility for installation. Seller agrees to make installation and onsite technical support services available at Seller’s then-prevailing rates, unless otherwise specified in an initial purchase order or contract proposal.

5. Maintenance. Buyer assumes responsibility for maintenance on the goods sold to Buyer. Seller agrees, however, to make maintenance services available at its then-prevailing rates.

6. Warranties. Seller warrants its equipment parts and supplies in accordance with its standard warranty policies. A written copy of these policies accompanies these terms and conditions or is available upon request. THESE WARRANTIES ARE EXCLUSIVE AND ARE IN

LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,

INCLUDING BUT NOT LIMITED TO THE IMPLIED

WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON- INFRINGEMENT. NO

EMPLOYEE OR AGENT OF SELLER, OTHER THAN AN OFFICER

OF SELL, IS AUTHORIZED TO MAKE ANY WARRANTY IN
ADDITION TO THE FORGOING.

7. Limitation of Buyers Remedies. IN NO CASE SHALL SELLER

BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL,

CONSEQUENTIAL OR PUNITIVE DAMAGE BASED UPON

BREACH OF WARRANTY, BREACH OF CONTRACT,

NEGLEGENCE, STRICT TORT, OR ANY OTHER LEGAL,

EQUITABLE, OR STATUTORY CLAIM, CAUSE OF ACTION, OR
LEGAL THEORY. IN ANY EVENT, SELLER SHALL BE SOLELY
LIABLE FOR ACTUAL DAMAGES CAUSED BY SELLER’S
BREACH AND SELLER’S MAXIMUM LIABILITY HEREUNDER,

REGARDLESS OF THE LEGAL THEORY, SHALL NOT EXCEED

THE CONTRACT PRICE OF THE GOODS FURNISHED BY
SELLER.

8. Sellers Remedies. Without waiving any other rights or remedies available to it under applicable law or otherwise, Seller may, at its option, defer shipment or deliveries hereunder or under or pursuant to any other contract with Buyer, until all past-due accounts of Buyer to Seller have been satisfied in full. Any rights or remedies of Seller granted in these Terms and Conditions shall be in addition to and not in lieu of any other rights or remedies Seller may have at law or in equity.

9. Proprietary Rights. Seller shall retain all rights to designs, drawings, patterns, plans, specifications, technology, technical data and information, technical processes and business methods, whether patentable or not, arising out of or evolving as a result of Seller rendering engineering services to and designing systems and goods for Buyer’s use. Buyer agrees not to enforce against Seller or customers of Seller any patent rights, the scope of which includes a system, process or business method utilizing goods or engineering services delivered hereunder by Seller and which relates to an invention, improvement, enhancement or development made by or for Buyer on a date subsequent to the date of Seller’s offer hereunder.

10. Hazardous Materials. Buyer acknowledges that certain supplies covered by this contract may be, or become, considered as hazardous materials under various laws and regulations. Buyer agrees to familiarize itself (without reliance on Seller except as to the accuracy of special safety information actually furnished by Seller), with any hazard of such materials and their applications and the containers in which such materials are shipped. Buyer agrees to inform and train its employees and its customers as to such hazards. Buyer agrees to waive any claim against Seller and hold harmless and indemnify Seller against any claims by its employees or customers based on allegations relating to any such hazards except where such claims are based on failure to meet written specifications or the inaccuracy of specific safety information actually furnished by Seller.

11. Delay. (a) Delivery dates are approximate and are not guaranteed, and Seller shall not be liable for damages of any kind resulting from any delays in fulfillment, shipment or delivery of orders. Furthermore, Seller shall not be liable for any other loss, damage, cost or expense due to causes beyond its reasonable control, such as acts of God, acts of Buyer, acts of civil or military authority, fires, strikes, floods, epidemics, war, riot, delays in transportation, government restrictions or embargoes, or difficulties in obtaining necessary labor, materials, manufacturing facilities or transportation due to such causes.
(b) In the event of a delay in delivery in excess of ninety (90) consecutive days, Buyer has the right to terminate its order as to the undelivered portion thereof without Penalty.

12. Goods Not for Resale. Buyer, by placing this order and accepting these Terms and Conditions, hereby expressly agrees, acknowledges, represents and warrants to Seller that (a) it is the Seller’s policy to sell these types of goods only to end users for their own use, (b) the goods that are the subject of this order are not intended for end user to resell, (c) the goods that are the subject of this order are in fact being purchased by Buyer for Buyer’s own use or only for sale to an end user and not for any other resale to a third party and (d) in the event that Buyer breaches the foregoing acknowledgment, covenant, representation and/or warranty by reselling the goods that are the subject of this contract, Seller shall be permitted to (i) void, eliminate and/or refuse to continue to extend or make available to Buyer any volume or other types of discounts, rebates or preferential payment terms to which Buyer is now or hereafter otherwise might be entitled to or eligible to receive from Seller or (ii) refuse to accept any further orders from Buyer.

Notwithstanding the foregoing, nothing in these Terms and Conditions is intended to restrict any OEM from incorporating any goods purchased from Seller into equipment that is to be resold to the OEM’s end customer so long as such OEM provides a reasonable certification of such use to Seller.

13. Cancellation. Unless otherwise agreed in a writing signed by authorized representatives of Buyer and Seller, Buyer will pay Seller for all services performed (including but not limited to materials, and labor) and products provided or specifically ordered for Buyer in reliance on Buyer’s order, as of the date of the cancellation. Buyer may not cancel orders for non-standard goods or orders for goods which have left Seller’s dock.

14. Governing Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin, without regard to any choice or conflict of laws principles of such state, and all disputes shall be adjudicated therein. Buyer and Seller consent to the sole and exclusive venue and jurisdiction of the courts situated in the State of Wisconsin. Any action for loss or damage with respect to the goods or services which are the subject of this contract must be commenced by Buyer within one year from the date of delivery of such goods or services or such claim shall be forever barred.

15. Compliance with Laws/Anti-Corruption. Buyer shall comply fully with all applicable laws, rules and regulations, including without limitation those of the United States and any and all other jurisdictions globally (“Laws”) that apply to Buyer’s business activities in connection with its purchase of goods from Seller. Specifically, Buyer shall comply with all Laws relating to anti-corruption, bribery, extortion, kickbacks, or similar matters that are applicable to Buyer’s business activities in connection with this Agreement, including without limitation the U.S.

Foreign Corrupt Practices Act and the UK Bribery Act. Buyer will take 150831_ANGI Energy Systems Tcs Of Sales-ANGI Products, Page 2 of 2 no action that will cause Buyer or Seller or any of their affiliates to violate any such laws.

16. Entire Agreement. Unless otherwise agreed in a writing signed by Seller and Buyer, these Terms and Conditions constitute the entire agreement between the parties, there being no other promises, terms, conditions, or obligations, referring to the subject matter not contained herein. If any term or provision of this contract shall to any extent be invalid or unenforceable, the remainder of the contract shall not be affected thereby, and each term and provision of this contract shall continue to be valid and enforced to the fullest extent permitted by law.

Any modifications hereto shall be in writing and signed by both parties.

WARRANTY POLICY

1. Warranty.
a. Equipment. The seller, ANGI Energy Systems LLC or its ANGI branded corporate affiliate, whatever the case may be (“ANGI”), warrants to Buyer that its equipment conforms to ANGI’s published specifications, is free from defects in materials and workmanship until the earliest of: (i) 12 months after substantial completion of commissioning, if applicable; (ii) 12 months from initial use; or (iii) 18 months from the date the equipment is ready to ship from ANGI’s facility. ANGI further warrants the equipment enclosures against rust-through for 2 years from the date it is ready to ship from ANGI’s facility (equipment may be susceptible to surface rust under normal conditions). The following are exceptions to this warranty: (i)
– is warranted on a case by case basis as provided by ANGI; (ii) manufacturer’s warranties only.

Used/Refurbished Equipment
Products
not Manufactured by ANGI – ANGI will pass through transferable b. Parts. ANGI warrants its: (i) non-consumable parts such as valves, gauges and transducers will conform to ANGI’s published specifications and be free from defects in workmanship and materials for 90 days from date of shipment, and (ii) consumable parts, such as filter elements, strainers, o-rings, gaskets, fuses, belts and will conform to ANGI’s published specifications and will be free from defects in workmanship and materials at the time of delivery. ANGI warrants reconditioned vendor certified parts for 90 days from the date of shipment.
c. Consumables. ANGI warrants its consumables, such as oils, lubricants and desiccant will conform to ANGI’s published specifications and will be free from defects in workmanship and materials through the expiration or other date indicated on the packaging or otherwise provided by ANGI. d. Software. ANGI warrants its software when used under normal operating and maintenance conditions, will perform substantially in accordance with ANGI’s published specifications and any accompanying user documentation for the earlier of 90 days from installation or 120 days from shipment. ANY

THIRD PARTY SOFTWARE PROVIDED WITH THE SOFTWARE AND

DATA AND PRE-RELEASE VERSIONS OF THE SOFTWARE ARE
SUPPLIED “AS IS” WITHOUT CONDITION OR WARRANTY OF ANY

KIND, INCLUDING ANY WARRANTY OF MERCHANTABILITY,

FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT,
EITHER EXPRESS OR IMPLIED. Any software warranty in any software license agreement between the parties will take precedence over this software warranty.
e. Services. ANGI warrants all services will be performed in a professional and workmanlike manner in accordance with applicable industry standards for 30 days after performance.

2. Warranty Services. This warranty only covers costs of replacement parts/goods. Buyer is responsible for labor costs and all other costs in connection with the repair or replacement of any non-conforming goods, including without limitation, costs for diagnosis of defects, shipping, removal of goods and reinstallation of goods. Buyer must make any warranty claims in writing within the applicable warranty period and within ten (10) days after discovery of any non-conformance (30 days after shipment for consumable parts). Within a reasonable time thereafter, ANGI will make the necessary repairs after confirmation that the non-conforming goods were stored, installed, maintained and used in accordance with ANGI’s recommendations, accompanying documentation, published specifications and standard industry practice. Warranty services will be performed at the location of the warranted goods if possible, subject to ANGI’s then prevailing rates and any travel expenses incurred by ANGI. Otherwise, Buyer will ship the goods at its expense to ANGI for repair and/or replacement after obtaining a valid Return Material Authorization number. For the avoidance of doubt, repair or replacement of any warranted goods or any parts do not extend the initial warranty period of the warranted goods and any repaired or replacement parts are not separately warranted. For warranty issues, contact: ANGI Energy Systems LLC, Customer Service, 305 W Delavan Dr., Janesville, WI 53546; Toll Free 800 934 5219; Phone 608 563 2800; Fax 608 531 2635; Email [email protected].

3. Failure to Repair. If ANGI is unable to repair warranted goods after a reasonable number of attempts, ANGI will provide, at its option, (i) new or used replacement goods provided Buyer returns the non-conforming goods; SPC10300SLS ANGI Warranty - Rev 1, 3/31/17
or (ii) a refund of the purchase price of the unrepaired component, depreciated in accordance with standard accounting principles.

4. Warranty Exceptions. This Warranty Policy does not cover failure of warranted goods resulting from: (i) accident, abuse, misuse, neglect, overloading or any other use not in accordance with ANGI’s recommendations, accompanying documentation, published
specifications, and standard industry practice; (ii) fire, flood, lightning or any other act of God, Buyer or third party; (iii) acid rain, rail dust, salt spray, caustic cleaners, chemicals or solvents, salt air conditions, and other environmental factors that may accelerate rust, oxidation or corrosion of metal components; (iv) Buyer’s failure to provide power, air, supplies, storage conditions, or an operating environment that conforms to ANGI’s accompanying documentation and published specifications; (v) failure to follow the maintenance procedures in ANGI’s accompanying documentation or published specifications or failure to maintain and provide ANGI with maintenance records verifying Buyer followed proper maintenance procedures; (vi) installation, repair, service or modification to the goods by anyone other than ANGI or its authorized representatives; (vii) the goods or any part thereof being used or coming into contact with any equipment, parts, supplies or consumables not manufactured, distributed, or approved by ANGI; (viii) any products attached to the goods not manufactured, distributed or approved by ANGI; (ix) Buyer’s noncompliance with applicable codes and safety rules, such as NFPA-52 Vehicular Gaseous Fuel Systems Code (and all other standards and codes referenced therein), NFPA-70 – Article 500 National Electrical Code, ASME Boiler and Pressure Vessel Code Section VIII, ANSI/ASME B31.3 Process Piping and ANSI/IAS NGV 4.1 CSA 12.5 NGV Dispensing Systems; and (x) installation or use at a site that is not compliant with all applicable laws, regulations, codes, and standard safety requirements. This Warranty Policy covers only goods owned, leased or otherwise held only by the initial end user at all times and excludes any goods that are or have been in the possession of a third party. Unless prohibited by law, this Warranty Policy only covers goods located in the same country from which the goods were initially purchased from ANGI. ANGI in its sole but reasonable discretion will determine whether these exceptions apply.

5. Warranty Disclaimer. THESE WARRANTIES ARE GIVEN SOLELY

TO BUYER (PARTY PURCHASING WARRANTED GOODS OR
SERVICES DIRECTLY FROM ANGI). TO THE EXTENT

PERMITTED BY LAW, THESE WARANTIES ARE IN LIEU OF ALL

OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING

BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. NO EMPLOYEE OR AGENT OF ANGI

IS AUTHORIZED TO GIVE ANY ADDITIONAL WARRANTIES,

OTHER THAN AN OFFICER OF ANGI WHEN DOING SO IN
WRITING. IF LOCAL LAWS REQUIRE ADDITIONAL

WARRANTIES TO BE PROVIDED TO BUYER, SUCH

WARRANTIES ARE INCORPORATED INTO THIS WARRANTY
POLICY ONLY TO THE EXTENT REQUIRED BY LAW. ANY

PARTICULAR TERM IN THIS WARRANTY POLICY THAT IS

PROHIBITED BY LOCAL LAW IS HEREBY NULLIFIED TO THE
EXTENT REQUIRED BY LAW.

6. Liability and Remedies. IN NO EVENT WILL ANGI BE LIABLE FOR

ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL

DAMAGES BASED UPON BREACH OF ANY WARRANTY,

BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY
OTHER LEGAL THEORY. ANGI’S MAXIMUM LIABILITY WILL

NOT EXCEED THE PRICE OF THE GOODS OR SERVICES
FURNISHED BY ANGI GIVING RISE TO THE CLAIM. THIS
WARRANTY POLICY CONTAINS BUYER’S EXCLUSIVE
REMEDIES AND ANGI’S SOLE OBLIGATIONS FOR ANY BREACH
OF THIS WARRANTY POLICY. NO OTHER REMEDIES,

OBLIGATIONS, LIABILITIES, RIGHTS, OR CLAIMS, WHETHER

ARISING IN TORT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, ARE AVAILABLE.

Item No. 4.

CITY COUNCIL AGENDA – SEPTEMBER 6, 2022
SUBJECT: Authorization to Replace Traffic Signal Loops
SOURCE: Public Works
COMMENT: As a part of the ongoing street paving projects, the City will need to replace the inductive traffic signal loops that are removed during the paving process. City staff reached out to multiple vendors to obtain quotes for the replacement or repair of forty-eight (48) inductive traffic signal loops impacted by paving projects. These are at the intersections of Indiana Street and Putnam Avenue, Morton Avenue and D Street, Morton Avenue and Prospect Street, and Morton Avenue and Newcomb Street. The staff received the following responsive quote:

Contractor Total
Loop Electric $23,280
Staff has identified Loop Electric as the single vendor that has submitted a quote that fulfills the request. Staff recommends accepting the quote for services from Loop Electric as they are the sole responsive business for the installation of forty-eight (48) signal loops. Should the Council approve, staff will coordinate with Loop Electric to complete the repairs as soon as possible after the completion of the paving. Funds will be made available from the Capital Improvement Project Self-Performed Hot-Mix Asphalt Program.

RECOMMENDATION: That the City Council:

1. Authorize replacement and or repair of traffic signal loops by Loop Electric at a cost not to exceed $28,809 (inclusive of all parts, taxes, and labor, including a 10% contingency); and

2. Authorize payment of said repair upon satisfactory
completion.

ATTACHMENTS: 1. Locator Map

2. Loop Electric Inc. Quote
Appropriated/Funded:

Item No. 4.

Review By:

Department Director:

Michael Knight, Public Works Director
Final Approver: John Lollis, City Manager
Locator Map
City of Porterville
Morton Ave &
Newcomb St
Morton Ave &
Prospect St
Indiana St &
Putnam Ave
Morton Ave
& D St

Item No. 5.

CITY COUNCIL AGENDA – SEPTEMBER 6, 2022
SUBJECT: Authorization to Award Contract - Animal Shelter Project SOURCE: Engineering and Project Management
COMMENT: On August 29, 2022, staff received a single bid for the Animal Shelter Project.

The project includes the remodel of an existing building to create an Animal Shelter at 185 N. D Street. The project was bid as a whole and included frontage improvements along D Street. The proposed trail section adjacent to the Animal Shelter property will be designed and constructed separately as part of the Butterfield Stage Corridor Active Transportation Program (ATP) grant project. This project location required hazardous materials remediation, which was previously completed and accepted by the City Council.

The Engineer's Estimate of Probable Cost for the project was $6,636,400. The low bid presented by AMG & Associates, Inc of Santa Clarita is $6,465,000, which is $171,400 less than the Engineer's Estimate (2.58%). An additional $646,500 is necessary for construction contingency (10%) and $200,000 is required for construction management, quality control, and inspection services (3.1%) for a total construction cost of $7,311,500.

Funding for this project includes $4,850,000 in funding from the American Rescue Plan Act (ARPA), $500,000 from anticipated Land Sale Revenue, $1,300,000 in Donations, $300,000 in Local Transportation Funds (LTF) for the D Street Improvements, and up to $550,000 in Measure R Alternative Transportation (AT) Funds for the dog park portion of the project.

RECOMMENDATION: That City Council:
1) Award the Animal Shelter Project to AMG & Associates, Inc. in the amount of $6,465,000;
2) Authorize progress payments up to one hundred percent (100%) of the contract amount;
3) Authorize a ten percent (10%) contingency to cover unforeseen costs:
4) Authorize an additional $200,000 for construction
management, quality control, and inspection services; and 5) Authorize the City Engineer to negotiate construction surveying services with one of the firms approved by Council MO#04-041922.

ATTACHMENTS: 1. Locator Map
Item No. 5.

Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: John Lollis, City Manager
Mill Ave
Cherry Ave
Oak Ave
Division St
Cleveland Ave
Willow Ave
E
St
D
St
Putnam Ave
H
o
ckett St
M
ain
St
Porterville Animal Shelter
185 North D Street
Project Locator Map
Project
Location
Item No. 6.

CITY COUNCIL AGENDA – SEPTEMBER 6, 2022
SUBJECT: Authorization to Enter into an Agreement with CliftonLarsonAllen LLP for Financial Audit Services
SOURCE: Finance
COMMENT: The City's last Request for Proposals (RFP) for financial auditing services was in 2011, which resulted in an award of contract to Gallina, LLP, now CliftonLarsonAllen LLP (CLA). The original contract was for three years with optional annual contract renewals. CLA has served as the City's auditor since.

CLA's audit fees have gradually increased through the years, from $35,500 for the FY2010-2011 audit to $41,500 for the FY2020-2021 audit.

In planning for the audit of the fiscal year just ended, 2021-2022, CLA has submitted their new proposal through a Master Services Agreement (MSA), a Statement of Work (SOW) for the City's financial audit, including major program testing required by the Uniform Guidance 2 CFR part 200 for grants and agreements, and a SOW for the review of the City's appropriations limit calculation in accorandance with Article XIII B of the California Constitution.

The new fees for this engagement are as follows:

Audit of City's ACFR $57,000
Major Program Testing - Uniform Guidance $15,000
Appropriations Limit Calculation $500
Total $72,500
The fees under the new agreement with CLA are almost seventy-five percent (75%) higher than the previous year's fees. CLA has cited that the increase is necessary due to the higher cost of its staffing, the increase in audit hours needed, especially with the implementation of new standards by the Government Accounting Standards Board (GASB) and the audit of new grants, including the American Rescue Plan Act (ARPA) funds.

Staff requests that the City Council authorize the agreement with CliftonLarsonAllen LLP for the audit of the City's financial statements for the fiscal year 2021-2022. The audit committee, at its meeting on August 24, 2022, considered the proposed agreement and recommends that the City approve the agreement for the fiscal year 2021-2022 audit and issue a new RFP for financial auditing services for the next fiscal year 2022-2023 audit.

Item No. 6.

RECOMMENDATION: That the City Council:

1. Approve the Master Services Agreement (MSA) with
CliftonLarsonAllen LLP (CLA) for professional services;

2. Approve the Statement of Work (SOW) - Audit Services under the MSA with CLA, for the audit of the City's financial statements for the fiscal year ended June 30, 2022;

3. Approve the Statement of Work (SOW) - Agreed-upon
Procedures under the MSA with CLA, for the review of the City's appropriations limit calculation for the fiscal year ended June 30, 2022;

4. Authorize the Finance Director to sign the MSA and the SOWs; and

5. Authorize the issuance of a Request for Proposals for Financial Audit Services for the succeeding fiscal years beginning with the fiscal year ending June 30, 2023.

ATTACHMENTS: 1. Master Services Agreement

2. Statement of Work - Audit Services

3. Statement of Work - Agreed-upon Procedures
Appropriated/Funded:

Review By:

Department Director:

Maria Bemis, Finance Director
Final Approver: John Lollis, City Manager
CliftonLarsonAllen LLP
https://www.claconnect.com
Master Services Agreement
City of Porterville
291 North Main Street
Porterville, CA 93257
MSA Date: July 11, 2022
This master service agreement (“MSA”) documents the terms, objectives, and the nature and limitations of the services CliftonLarsonAllen LLP (“CLA,” “we,” “us,” and “our”) will provide for City of Porterville (“you,” or “your”). The terms of this MSA will apply to the initial and each subsequent statement of work (“SOW”), unless the MSA is changed in a communication that you and CLA both sign or is terminated as permitted herein.

1. Scope of Professional Services
CLA will provide services as described in one or more SOW that will reference this MSA. The SOW will describe the scope of professional services; the nature, limitations, and responsibilities related to the specific services CLA will provide; and the fees for such services.

If modifications or changes are required during CLA’s performance of requested services, or if you request that we perform any additional services, we will provide you with a separate SOW for your signature. Such SOW will advise you of the additional fee and time required for such services to facilitate a clear understanding of the services.

Our services cannot be relied upon to disclose all errors, fraud, or noncompliance with laws and regulations. Except as described in the scope of professional services section of this MSA or any applicable SOW, we have no responsibility to identify and communicate deficiencies in your internal controls as part of any services.

2. Management responsibilities
You acknowledge and understand that our role is to provide the services identified in an SOW and that management, and any other parties engaging CLA, have responsibilities that are fundamental to our undertaking to perform the identified services.

3. Fees and terms
See the applicable SOW for the fees for the services.

Work may be suspended if your account becomes 90 days or more overdue and will not be resumed

until your account is paid in full. If we elect to terminate our services for nonpayment, our engagements will be deemed to have been completed even if we have not completed the services. You will be obligated to compensate us for all time expended and to reimburse us for all out-of-pocket expenditures through the date of termination.

Payments may be made utilizing checks, Bill.com, your online banking platform, CLA’s electronic payment platform, or any other client initiated payment method approved by CLA. CLA’s electronic online bill pay platform claconnect.com/billpay accepts credit card and Automated Clearing House (ACH) payments. Instructions for you to make direct bank to bank wire transfers or ACH payments will be provided upon request.

4. Other Fees
You also agree to compensate us for any time and expenses, including time and expenses of legal counsel, we may incur in responding to discovery requests or participating as a witness or otherwise in any legal, regulatory, or other proceedings that we are asked to respond to on your behalf.

5. Finance charges and collection expenses
You agree that if any statement is not paid within 30 days from its billing date, the unpaid balance shall accrue interest at the monthly rate of one and one-quarter percent (1.25%), which is an annual percentage rate of 15%. In the event that any collection action is required to collect unpaid balances due us, reasonable attorney fees and expenses shall be recoverable.

6. Dispute Resolution
Any disagreement, controversy, or claim (“Dispute”) that may arise out of any aspect of our services or relationship with you shall be submitted to non-binding mediation by written notice (“Mediation Notice”) to the other party. In mediation, we will work with you to resolve any differences voluntarily with the aid of an impartial mediator.

The mediation will be conducted as specified by the mediator and agreed upon by the parties (i.e., you and CLA). The parties agree to discuss their differences in good faith and to attempt, with the assistance of the mediator, to reach an amicable resolution of the Dispute.

Each party will bear its own costs in the mediation. The fees and expenses of the mediator will be shared equally by the parties.

7. Limitation of remedies
These limitation of remedies provisions are not applicable for any audit or examination services provided to you.

Our role is strictly limited to the services described in an SOW, and we offer no assurance as to the results or ultimate outcomes of any services or of any decisions that you may make based on our communications with you. You agree that it is appropriate to limit the liability of CLA, its partners, principals, directors, officers, employees, and agents (each a “CLA party”).

You further agree that you will not hold CLA or any other CLA party liable for any claim, cost, or

damage, whether based on warranty, tort, contract, or other law, arising from or related to this MSA, the services provided under an SOW, the work product, or for any plans, actions, or results of an SOW, except to the extent authorized by this MSA. In no event shall any CLA party be liable to you for any indirect, special, incidental, consequential, punitive, or exemplary damages, or for loss of profits or loss of goodwill, costs, or attorney fees.

The exclusive remedy available to you shall be the right to pursue claims for actual damages that are directly caused by acts or omissions that are breaches by a CLA party of our duties owed under this MSA and the specific SOW thereunder, but any recovery on any such claims shall not exceed the fees actually paid by you to CLA pursuant to the SOW that gives rise to the claim.

8. Governing Laws, Jurisdiction, and Venue
The MSA is made under and shall be governed by the laws of the state of California, without giving effect to choice of law principles. This includes dispute resolution and limitation of remedies.

9. Time limitations
The nature of our services makes it difficult, with the passage of time, to gather and present evidence that fully and fairly establishes the facts underlying any dispute that may arise between you and any CLA party. The parties (you and CLA) agree that, notwithstanding any statute or law of limitations that might otherwise apply to a dispute, including one arising out of this MSA or the services performed under an SOW, for breach of contract or fiduciary duty, tort, fraud, misrepresentation or any other cause of action or remedy, any action or legal proceeding by you against any CLA party must be commenced as provided below, or you shall be forever barred from commencing a lawsuit or obtaining any legal or equitable relief or recovery. An action to recover on a dispute shall be commenced within these periods (“Limitation Period”), which vary based on the services provided, and may be modified as described in the following paragraph:

Service Time after the date we deliver the services or work product*
Audit, review, examination, agreed-upon procedures,
compilation, and preparation services other than those
related to prospective financial information
24 months
* pursuant to the SOW on which the dispute is based
If the MSA is terminated or your ongoing relationship with CLA is terminated, then the applicable Limitation Period is the lesser of the above periods or 12 months after termination of MSA or your ongoing relationship with CLA. The applicable Limitation Period applies and begins to run even if you have not suffered any damage or loss, or have not become aware of the existence or possible existence of a dispute.

10. Confidentiality
Except as permitted by the “Consent” section of this MSA, CLA will not disclose any of your confidential, proprietary, or privileged information to any person or party, unless you authorize us to

do so, it is published or released by you, it becomes publicly known or available other than through disclosure by us, or disclosure is required by law, regulation or professional standard. This confidentiality provision does not prohibit us from disclosing your information to one or more of our affiliated companies in order to provide services that you have requested from us or from any such affiliated company. Any such affiliated company shall be subject to the same restrictions on the use and disclosure of your information as apply to us.

The Internal Revenue Code contains a limited privilege for confidentiality of tax advice between you and our firm. In addition, the laws of some states likewise recognize a confidentiality privilege for some accountant-client communications. You understand that CLA makes no representation, warranty or promise, and offers no opinion with respect to the applicability of any confidentiality privilege to any information supplied or communications you have with us, and, to the extent that we follow instructions from you to withhold such information or communications in the face of a request from a third party (including a subpoena, summons or discovery demand in litigation), you agree to hold CLA harmless should the privilege be determined not to apply to particular information or communications.

The workpapers and files supporting the services we perform are the sole and exclusive property of CLA and constitute confidential and proprietary information. We do not provide access to our workpapers and files to you or anyone else in the normal course of business. Unless required by law or regulation to the contrary, we retain our workpapers and files in accordance with our record retention policy that typically provides for a retention period of seven years. After this period expires, our workpapers and files will be destroyed. Furthermore, physical deterioration or catastrophic events may shorten the time our records are available. The workpapers and files of our firm are not a substitute for your records.

Pursuant to authority given by law, regulation or professional standards we may be requested to make certain workpapers and files available to a regulator for its regulatory oversight purposes. We will notify you of any such request, if permitted by law. Access to the requested workpapers and files will be provided to the regulator under the supervision of CLA personnel and at a location designated by our firm. Furthermore, upon request, we may provide copies of selected workpapers and files to such regulator. The regulator may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies.

11. Other provisions
You agree that CLA will not be assuming any fiduciary responsibility on your behalf during the course of this MSA, except as may be assumed in an SOW.

CLA may, at times, utilize external web applications to receive and process information from our clients; however, any sensitive data, including protected health information and personally identifiable information, must be redacted by you to the maximum extent possible prior to uploading the document or file. In the event that you are unable to remove or obscure all sensitive data, please contact us to discuss other potential options for transmitting the document or file.

CLA and certain owners of CLA are licensed by the California State Board of Accountancy. However, CLA has owners not licensed by the California State Board of Accountancy who may provide services under this MSA. If you have any questions regarding licensure of the personnel performing services under this MSA, please do not hesitate to contact us.

During the course of the engagement, there may be communication via fax or email. You are responsible to ensure that communications received by you or your personnel are secured and not shared with unauthorized individuals.

12. Consent to use financial information
We regularly aggregate anonymized client data and perform a variety of analyses using that aggregated data. Some of these analyses are published to clients or released publicly. However, we are always careful to preserve the confidentiality of the separate information that we obtain from each client, as required by the AICPA Code of Professional Conduct and various laws. Your acceptance of this MSA will serve as your consent to our use of City of Porterville anonymized data in performing and reporting on these cost comparison, performance indicator and/or benchmarking analyses.

Unless authorized by law or the client consents, we cannot use a client’s tax return information for purposes other than the preparation and filing of the client’s tax return. By signing and dating this MSA, you authorize CLA to use any and all information furnished to CLA for or in connection with the preparation of the tax returns under this MSA, for a period of up to six (6) years from the date of this MSA, in connection with CLA’s preparation of the types of reports described in the foregoing paragraph.

13. Consent to send you publications and other materials For your convenience, CLA produces a variety of publications, hard copy and electronic, to keep you informed about pertinent business and personal financial issues. This includes published articles, invitations to upcoming seminars, webinars and webcasts, newsletters, surveys, and press releases. To determine whether these materials may be of interest to you, CLA will need to use your tax return information. Such tax information includes your name and address as well as the business and financial information you provided to us.

By signing and dating this MSA, you authorize CLA to use the information that you provide to CLA during the preparation of your tax returns to determine whether to offer you relevant materials. Your consent is valid until further notice.

14. Subcontractors
CLA may, at times, use subcontractors to perform services under this MSA, and they may have access to your information and records. Any such subcontractors will be subject to the same restrictions on the use of such information and records as apply to CLA under this MSA.

15. Technology
CLA may, at times, use third-party software applications to perform services under this MSA. You acknowledge the software vendor may have access to your data.

16. Termination of MSA
This MSA shall continue for five years from July 11, 2022, unless terminated earlier by giving appropriate notice. Either party may terminate this MSA at any time by giving 30 days written notice to the other party.

Upon termination of the MSA, the provisions of this MSA shall continue to apply to all services rendered prior to termination.

17. Agreement
We appreciate the opportunity to be of service to you and believe this MSA accurately summarizes the significant terms of our relationship. This MSA, along with the applicable addendum(s) and SOW(s), constitute the entire agreement regarding services to be performed and supersedes all prior agreements (whether oral or written), understandings, negotiations, and discussions between you and CLA. If you have any questions, please let us know. If you agree with the terms of our relationship as described in this MSA, please sign, date, and return.

CliftonLarsonAllen LLP
Jeffrey Peek
Principal
916-724-6834
[email protected]

Response:

This MSA correctly sets forth the understanding of City of Porterville CLA
CLA
Jeffrey Peek, Principal
SIGNED 7/11/2022, 3:35:43 PM PDT
Client
City of Porterville
SIGN:

Maria Bemis, Finance Director
DATE:

CliftonLarsonAllen LLP
https://www.claconnect.com
Statement of Work - Audit Services
July 11, 2022
This document constitutes a statement of work ("SOW") under the master service agreement ("MSA") dated July 11, 2022, or superseding MSA, made by and between CliftonLarsonAllen LLP ("CLA," "we," "us," and "our") and City of Porterville ("you," "your," or "the entity"). We are pleased to confirm our understanding of the terms and objectives of our engagement and the nature and limitations of the services CLA will provide for the entity as of and for the year ended June 30, 2022.

Jeffrey Peek is responsible for the performance of the audit engagement.

Scope of audit services
We will audit the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information, which collectively comprise the basic financial statements of City of Porterville, and the related notes to the financial statements.

The Governmental Accounting Standards Board (GASB) provides for certain required supplementary information (RSI) to accompany the entity's basic financial statements.

The following RSI will be subjected to certain limited procedures, but will not be audited. • Management’s discussion and analysis.
• Budgetary comparison schedules.
• GASB-required supplementary pension, and OPEB information.

We will also evaluate and report on the presentation of the following supplementary information other than RSI accompanying the financial statements in relation to the financial statements as a whole:

Schedule of expenditures of federal awards.

Combining and Individual Fund Financial Statements and Schedules.

The following supplementary information accompanying the financial statements will not be subjected to the auditing procedures applied in our audit of the financial statements and our auditors' report will not provide an opinion or any assurance on that information:

Introduction Section.

Statistical Section.

Audit objectives
The objectives of our audit of the financial statements are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditors' report that includes our opinion about whether your financial statements are fairly presented, in all material respects, in conformity with accounting principles generally accepted in the United States of America (U.S. GAAP). Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with auditing standards generally accepted in the United States of America (U.S. GAAS) will always detect a material misstatement when it exists. Misstatements, including omissions, can arise from fraud or error and are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the financial statements.

Our audit will be conducted in accordance with U.S. GAAS; the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Those standards require us to be independent of the entity and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements relating to our audit. Our audit will include tests of your accounting records, a determination of major program(s) in accordance with the Uniform Guidance, and other procedures we consider necessary to enable us to express opinions and render the required reports.

We will apply certain limited procedures to the RSI in accordance with U.S. GAAS. However, we will not express an opinion or provide any assurance on the RSI because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. We will also perform procedures to enable us to express an opinion on whether the supplementary information (as identified above) other than RSI accompanying the financial statements is fairly stated, in all material respects, in relation to the financial statements as a whole.

The objectives of our audit also include:
- Reporting on internal control over financial reporting and on compliance with the provisions of laws, regulations, contracts, and award agreements, noncompliance with which could have a material effect on the financial statements in accordance with Government Auditing Standards. - Reporting on internal control over compliance related to major programs and expressing an opinion (or disclaimer of opinion) on compliance with federal statutes, regulations, and the terms and conditions of federal awards that could have a direct and material effect on each major program in accordance with the Uniform Guidance.

The Government Auditing Standards report on internal control over financial reporting and on compliance and other matters will include a paragraph that states (1) that the purpose of the report is solely to describe

the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity's internal control or on compliance, and (2) that the report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity's internal control and compliance. The Uniform Guidance report on internal control over compliance will include a paragraph that states that the purpose of the report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance. Both reports will state that the report is not suitable for any other purpose.

We will issue written reports upon completion of our audit of your financial statements and compliance with requirements applicable to major programs.

Circumstances may arise in which our report may differ from its expected form and content based on the results of our audit. Depending on the nature of these circumstances, it may be necessary for us to modify our opinions, add an emphasis-of-matter or other-matter paragraph to our auditors' report, or if necessary, withdraw from the engagement. If our opinions on the financial statements or compliance are other than unmodified, we will discuss the reasons with you in advance. If circumstances occur related to the condition of your records, the availability of sufficient, appropriate audit evidence, or the existence of a significant risk of material misstatement of the financial statements or material noncompliance caused by error, fraudulent financial reporting, or misappropriation of assets, which in our professional judgment prevent us from completing the audit or forming an opinion on the financial statements or an opinion on compliance, we retain the right to take any course of action permitted by professional standards, including declining to express opinions or issue reports, or withdrawing from the engagement.

Auditor responsibilities, procedures, and limitations
We will conduct our audit in accordance with U.S. GAAS, the standards for financial audits contained in Government Auditing Standards, and the Uniform Guidance.

Those standards require that we exercise professional judgment and maintain professional skepticism throughout the planning and performance of the audit. As part of our audit, we will:
• Identify and assess the risks of material misstatement of the financial statements and material noncompliance, whether due to fraud or error, design and perform audit procedures responsive to those risks, and obtain audit evidence that is sufficient and appropriate to provide a basis for our opinion. The risk of not detecting a material misstatement or a material noncompliance resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. • Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. However, we will communicate to you in writing any significant deficiencies or material weaknesses in internal control relevant to the audit of the financial statements that we have identified during the audit.

• Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements, including the amounts and disclosures, and whether the financial statements represent the underlying transactions and events in a manner that achieves fair presentation. • Conclude, based on the audit evidence obtained, whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the entity’s ability to continue as a going concern for a reasonable period of time.

Although our audit planning has not been concluded and modifications may be made, we have identified the following significant risk(s) of material misstatement as part of our audit planning:
• Implementation of new accounting standards pose a higher risk of error in the first year of implementation.

There is an unavoidable risk, because of the inherent limitations of an audit, together with the inherent limitations of internal control, that some material misstatements or noncompliance may not be detected, even though the audit is properly planned and performed in accordance with U.S. GAAS, Government Auditing Standards, and the Uniform Guidance. Because we will not perform a detailed examination of all transactions, material misstatements, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting on behalf of the entity, may not be detected. Because the determination of waste and abuse is subjective, Government Auditing Standards do not require auditors to perform specific procedures to detect waste or abuse in financial audits nor do they expect auditors to provide reasonable assurance of detecting waste or abuse.

In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements or on major programs. However, we will inform the appropriate level of management and those charged with governance of any material errors, fraudulent financial reporting, or misappropriation of assets that come to our attention. We will also inform the appropriate level of management and those charged with governance of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. We will include such matters in the reports required for a single audit.

Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting fraud or errors that are material to the financial statements and to preventing and detecting misstatements resulting from noncompliance with provisions of laws, regulations, contracts, and grant agreements that have a material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards.

As required by the Uniform Guidance, we will perform tests of controls over compliance to evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecting material noncompliance with compliance requirements applicable to each major program. However, our tests will be less in scope than would be necessary to render an opinion on those controls and, accordingly,

no opinion will be expressed in our report on internal control issued pursuant to the Uniform Guidance.

An audit is not designed to provide assurance on internal control or to identify deficiencies, significant deficiencies, or material weaknesses in internal control. However, we will communicate to you in writing significant deficiencies or material weaknesses in internal control relevant to the audit of the financial statements that we identify during the audit that are required to be communicated under AICPA professional standards, Government Auditing Standards, and the Uniform Guidance.

As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the entity's compliance with the provisions of laws, regulations, contracts, and grant agreements that have a material effect on the financial statements. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards.

We will include in our report on internal control over financial reporting and on compliance relevant information about any identified or suspected instances of fraud and any identified or suspected noncompliance with provisions of laws, regulations, contracts, or grant agreements that may have occurred that are required to be communicated under Government Auditing Standards.

The Uniform Guidance requires that we also plan and perform the audit to obtain reasonable assurance about whether the auditee has complied with federal statutes, regulations, and the terms and conditions of federal awards that may have a direct and material effect on each of the entity's major programs. Our procedures will consist of tests of transactions and other applicable procedures described in the "OMB Compliance Supplement" for the types of compliance requirements that could have a direct and material effect on each of the entity's major programs. The purpose of these procedures will be to express an opinion on the entity's compliance with requirements applicable to each of its major programs in our report on compliance issued pursuant to the Uniform Guidance.

We will evaluate the presentation of the schedule of expenditures of federal awards accompanying the financial statements in relation to the financial statements as a whole. We will make certain inquiries of management and evaluate the form, content, and methods of preparing the schedule to determine whether the information complies with U.S. GAAP and the Uniform Guidance, the method of preparing it has not changed from the prior period, and the information is appropriate and complete in relation to our audit of the financial statements. We will compare and reconcile the schedule to the underlying accounting records and other records used to prepare the financial statements or to the financial statements themselves.

Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors.

Management responsibilities
Our audit will be conducted on the basis that you (management and, when appropriate, those charged with governance) acknowledge and understand that you have certain responsibilities that are fundamental to the conduct of an audit.

You are responsible for the preparation and fair presentation of the financial statements, RSI, and the schedule of expenditures of federal awards in accordance with U.S. GAAP. Management is also responsible for identifying all federal awards received, understanding and complying with the compliance requirements, and for the preparation of the schedule of expenditures of federal awards (including notes and noncash assistance received) in accordance with the requirements of the Uniform Guidance.

Management's responsibilities include the selection and application of accounting principles; recording and reflecting all transactions in the financial statements; determining the reasonableness of significant accounting estimates included in the financial statements; adjusting the financial statements to correct material misstatements; and confirming to us in the management representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. In preparing the financial statements, management is required to evaluate whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the entity's ability to continue as a going concern for 12 months beyond the financial statement date.

Management is responsible for compliance with applicable laws and regulations and the provisions of contracts and grant agreements, including compliance with federal statutes, regulations, and the terms and conditions of federal awards applicable to the entity's federal programs. Your responsibilities also include identifying significant contractor relationships in which the contractor has responsibility for program compliance and for the accuracy and completeness of that information.

You are responsible for the design, implementation, and maintenance of effective internal control, including internal control over compliance, relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error, including evaluating and monitoring ongoing activities and safeguarding assets to help ensure that appropriate goals and objectives are met; and that there is reasonable assurance that government programs are administered in compliance with compliance requirements.

You are responsible for the design, implementation, and maintenance of internal controls to prevent and detect fraud; assessing the risk that the financial statements may be materially misstated as a result of fraud; and for informing us about all known or suspected fraud affecting the entity involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the entity received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for implementing systems designed to achieve compliance with applicable laws and regulations and the provisions of contracts and grant agreements, including compliance with federal statutes, regulations, and the terms and conditions of federal awards applicable to the entity's federal programs; identifying and ensuring that the entity complies with applicable laws, regulations, contracts, and grant agreements, including compliance with federal statutes, regulations, and the terms and conditions of federal awards applicable to the entity's federal programs; and informing us of all instances of identified or suspected noncompliance whose effects on the financial statements should be considered.

You are responsible for taking timely and appropriate steps to remedy any fraud; noncompliance with

provisions of laws, regulations, contracts, or grant agreements; or abuse that we may report. Additionally, as required by the Uniform Guidance, it is management's responsibility to evaluate and monitor noncompliance with federal statutes, regulations, and the terms and conditions of federal awards; take prompt action when instances of noncompliance are identified, including noncompliance identified in audit findings; and to follow up and take prompt corrective action on reported audit findings and to prepare a summary schedule of prior audit findings and a corrective action plan. The summary schedule of prior audit findings should be available for our review.

You are responsible for providing us with (1) access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, including amounts and disclosures, such as records, documentation, identification of all related parties and all related-party relationships and transactions, and other matters, and for the accuracy and completeness of that information (including information from within and outside of the general and subsidiary ledgers), and for ensuring management information and financial information is reliable and properly reported; (2) access to personnel, accounts, books, records, supporting documentation, and other information as needed to perform an audit under the Uniform Guidance; (3) additional information that we may request for the purpose of the audit; and (4) unrestricted access to persons within the entity from whom we determine it necessary to obtain audit evidence.

You agree to inform us of events occurring or facts discovered subsequent to the date of the financial statements that may affect the financial statements.

You agree to include our report on the schedule of expenditures of federal awards in any document that contains and indicates that we have reported on the schedule of expenditures of federal awards. You also agree to include the audited financial statements with any presentation of the schedule of expenditures of federal awards that includes our report thereon or make the audited financial statements readily available to intended users of the schedule of expenditures of federal awards no later than the date the schedule of expenditures of federal awards is issued with our report thereon. Your responsibilities include acknowledging to us in the representation letter that (1) you are responsible for presentation of the schedule of expenditures of federal awards in accordance with the Uniform Guidance; (2) you believe the schedule of expenditures of federal awards, including its form and content, is fairly presented in accordance with the Uniform Guidance; (3) the methods of measurement or presentation have not changed from those used in the prior period (or, if they have changed, the reasons for such changes); and (4) you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation of the schedule of expenditures of federal awards.

Management is responsible for the preparation and fair presentation of other supplementary information in accordance with U.S. GAAP. You agree to include our report on the supplementary information in any document that contains, and indicates that we have reported on, the supplementary information. You also agree to include the audited financial statements with any presentation of the supplementary information that includes our report thereon or make the audited financial statements readily available to users of the supplementary information no later than the date the supplementary information is issued with our report thereon. You agree to provide us written representations related to the presentation of the supplementary information.

Management is responsible for providing us with a written confirmation concerning representations made by you and your staff to us in connection with the audit and the presentation of the basic financial statements and RSI. During our engagement, we will request information and explanations from you regarding, among other matters, the entity's activities , internal control, future plans, specific transactions, and accounting systems and procedures. The procedures we will perform during our engagement and the conclusions we reach as a basis for our report will be heavily influenced by the representations that we receive in the representation letter and otherwise from you. Accordingly, inaccurate, incomplete, or false representations could cause us to expend unnecessary effort or could cause a material fraud or error to go undetected by our procedures. In view of the foregoing, you agree that we shall not be responsible for any misstatements in the entity's financial statements that we may fail to detect as a result of misrepresentations made to us by you.

Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying and providing report copies to us of previous financial audits, attestation engagements, performance audits, or other studies related to the objectives discussed in the "Audit objectives" section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or other engagements or studies. You are also responsible for providing management's views on our current findings, conclusions, and recommendations, as well as your planned corrective actions for the report, and for the timing and format for providing that information.

Responsibilities and limitations related to nonaudit services For all nonaudit services we may provide to you, management agrees to assume all management responsibilities; oversee the services by designating an individual, preferably within senior management, who possesses suitable skill, knowledge, and/or experience to understand and oversee the services; evaluate the adequacy and results of the services; and accept responsibility for the results of the services.

Management is also responsible for ensuring that your data and records are complete and that you have received sufficient information to oversee the services.

Use of financial statements
Should you decide to include or incorporate by reference these financial statements and our auditors' report(s) thereon in a future private placement or other offering of equity or debt securities, you agree that we are under no obligation to re-issue our report or provide consent for the use of our report in such a registration or offering document. We will determine, at our sole discretion, whether we will re-issue our report or provide consent for the use of our report only after we have performed the procedures we consider necessary in the circumstances. If we decide to re-issue our report or consent to the use of our report, we will be required to perform certain procedures including, but not limited to, (a) reading other information incorporated by reference in the registration statement or other offering document and (b) subsequent event procedures. These procedures will be considered an engagement separate and distinct from our audit engagement, and we will bill you separately. If we decide to re-issue our report or consent to the use of our report, you agree that we will be included on each distribution of draft offering materials and we will receive a complete set of final documents. If we decide not to re-issue our report or decide to withhold our consent to the use of our report, you may be required to engage another firm to audit periods covered by our audit

reports, and that firm will likely bill you for its services. While the successor auditor may request access to our workpapers for those periods, we are under no obligation to permit such access.

If the parties (i.e., you and CLA) agree that CLA will not be involved with your official statements related to municipal securities filings or other offering documents, we will require that any official statements or other offering documents issued by you with which we are not involved clearly indicate that CLA is not involved with the contents of such documents. Such disclosure should read as follows:

CliftonLarsonAllen LLP, our independent auditor, has not been engaged to perform and has not performed, since the date of its report included herein, any procedures on the financial statements addressed in that report. CliftonLarsonAllen LLP also has not performed any procedures relating to this offering document.

With regard to the electronic dissemination of audited financial statements, including financial statements published electronically on your website or submitted on a regulator website, you understand that electronic sites are a means to distribute information and, therefore, we are not required to read the information contained in those sites or to consider the consistency of other information in the electronic site with the original document.

We may issue preliminary draft financial statements to you for your review. Any preliminary draft financial statements should not be relied on or distributed.

Engagement administration and other matters
We understand that your employees will prepare all confirmations, account analyses, and audit schedules we request and will locate any documents or invoices selected by us for testing. A list of information we expect to need for our audit and the dates required will be provided in a separate communication.

At the conclusion of the engagement, we will complete the auditor sections of the electronic Data Collection Form SF-SAC and perform the steps to certify the Form SF-SAC and single audit reporting package. It is management's responsibility to complete the auditee sections of the Data Collection Form. We will create the single audit reporting package PDF file for submission; however, it is management's responsibility to review for completeness and accuracy and electronically submit the reporting package (including financial statements, schedule of expenditures of federal awards, summary schedule of prior audit findings, auditors' reports, and corrective action plan) along with the Data Collection Form to the federal audit clearinghouse and, if appropriate, to pass-through entities. The Data Collection Form and the reporting package must be electronically submitted within the earlier of 30 calendar days after receipt of the auditors' reports or nine months after the end of the audit period.

We will provide copies of our reports to the entity; however, management is responsible for distribution of the reports and the financial statements. Unless restricted by law or regulation, or containing confidential or sensitive information, copies of our reports are to be made available for public inspection.

The audit documentation for this engagement is the sole and exclusive property of CLA and constitutes confidential and proprietary information. However, subject to applicable laws and regulations, audit

documentation and appropriate individuals will be made available upon request and in a timely manner to State Controller, or its designee, a federal agency providing direct or indirect funding, or the U.S.

Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of CLA personnel. Furthermore, upon request, we may provide copies or electronic versions of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies.

The audit documentation for this engagement will be retained for a minimum of seven years after the report release date or for any additional period requested by the State Controller. If we are aware that a federal or state awarding agency, pass-through entity, or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentation.

Professional standards require us to be independent with respect to you in the performance of these services. Any discussion that you have with our personnel regarding potential employment with you could impair our independence with respect to this engagement. Therefore, we request that you inform us prior to any such discussions so that we can implement appropriate safeguards to maintain our independence and objectivity. Further, any employment offers to any staff members working on this engagement without our prior knowledge may require substantial additional procedures to ensure our independence. You will be responsible for any additional costs incurred to perform these procedures.

Our audit engagement ends on delivery of our signed report. Any additional services that might be requested will be a separate, new engagement. The terms and conditions of that new engagement will be governed by a new, specific SOW for that service.

Government Auditing Standards require that we make our most recent external peer review report publicly available. The report is posted on our website at www.CLAconnect.com/Aboutus/.

Fees
Our professional fees are detailed in the table below. We will also bill for expenses (including travel, internal and administrative charges) plus a technology and client support fee of five percent (5%) of all professional fees billed. This estimate is based on anticipated cooperation from your personnel and their assistance with locating requested documents and preparing requested schedules. If the requested items are not available on the dates required or are not accurate, the fees and expenses will likely be higher. Our invoices, including applicable state and local taxes, will be rendered each month as work progresses and are payable on presentation. Service
Service Professional Fee
Audit of City's ACFR $57,000
Major Program Testing - Uniform Guidance $15,000

Appropriations Limit Calculation* $500
Total $72,500
*See separate SOW.

Unexpected circumstances
We will advise you if unexpected circumstances require significant additional procedures resulting in a substantial increase in the fee estimate.

Changes in accounting and audit standards
Standard setters and regulators continue to evaluate and modify standards. Such changes may result in new or revised financial reporting and disclosure requirements or expand the nature, timing, and scope of the activities we are required to perform. To the extent that the amount of time required to provide the services described in the SOW increases due to such changes, our fee may need to be adjusted. We will discuss such circumstances with you prior to performing the additional work.

Agreement
We appreciate the opportunity to provide to you the services described in this SOW under the MSA and believe this SOW accurately summarizes the significant terms of our audit engagement. This SOW and the MSA constitute the entire agreement regarding these services and supersedes all prior agreements (whether oral or written), understandings, negotiations, and discussions between you and CLA related to audit services. If you have any questions, please let us know. Please sign, date, and return this SOW to us to indicate your acknowledgment and understanding of, and agreement with, the arrangements for our audit of your financial statements including the terms of our engagement and the parties' respective responsibilities.

Sincerely,
CliftonLarsonAllen LLP
Response:

This letter correctly sets forth the understanding of City of Porterville.

CLA
CLA
Jeffrey Peek, Principal
SIGNED 7/15/2022, 8:04:44 AM PDT
Client
City of Porterville
SIGN:

Maria Bemis, Finance Director
DATE:

CliftonLarsonAllen LLP
https://www.claconnect.com
Statement of Work - Agreed-upon Procedures
July 15, 2022
This document constitutes a statement of work ("SOW") under the master service agreement ("MSA") dated July 13, 2022, or superseding MSA, made by and between CliftonLarsonAllen LLP ("CLA," "we," "us," and "our") and City of Porterville ("you," "your," or "the entity"). We are pleased to confirm our understanding of the terms and objectives of our engagement and the nature and limitations of the services CLA will provide for the entity as of and for the year ended June 30, 2022.

Jeffrey Peek is responsible for the performance of the agreed-upon procedures engagement.

Scope, objective, and responsibilities
We will apply the agreed-upon procedures which City of Porterville has specified and agreed to, listed in the attached schedule, to Appropriations Limit Calculation of City of Porterville management as of or for the year ended June 30, 2022. City of Porterville management is responsible for Appropriations Limit Calculation.

Our engagement to apply agreed-upon procedures will be conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants. Those standards require us to be independent of the entity or responsible party, as applicable, and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements relating to our engagement. City of Porterville agrees to and acknowledges the procedures performed or to be performed are appropriate for the intended purpose of presenting the Appropriation Limit calculation in accordance with the requirements of Section 1.5 of Article XIII-B of the California Constitution. The intended users of the agreed-upon procedures report are City Council and management. Intended users in addition to City of Porterville may be requested to agree to the procedures and acknowledge that the procedures performed are appropriate for the intended purpose. Consequently, we make no representation regarding the appropriateness of the procedures enumerated in the attached schedule either for the purpose for which this report has been requested or for any other purpose. The intended users assume the risk that such procedures might be inappropriate for the intended purpose and the risk that they might misunderstand or otherwise inappropriately use findings properly reported by CLA.

This engagement is performed pursuant to Section 1.5 of Article XIII-B of the California Constitution.

Our responsibility is to perform the specified procedures and report the findings in accordance with the attestation standards. For purposes of reporting findings, you specified a threshold of $0 for reporting

exceptions. Because the agreed-upon procedures listed in the attached schedule do not constitute an examination, audit, or review, we will not express an opinion or conclusion on the Appropriations Limit Calculation or the City of Porterville management’s financial statements or any elements, accounts, or items thereof. Also, we will not express an opinion or conclusion on the effectiveness of City of Porterville management’s internal control over financial reporting or any part thereof. In addition, we have no obligation to perform any procedures beyond those listed in the attached schedule.

At the conclusion of the engagement, you agree to provide a written representation letter that includes your agreement and acknowledgement that the procedures performed are appropriate for the intended purpose of the engagement and, if applicable, that you have obtained from necessary other parties their agreement to the procedures and acknowledgement that the procedures performed are appropriate for their purposes.

We will issue a written report upon completion of our engagement that lists the procedures performed and our findings. This report is intended solely for the information and use of City Council and management, and should not be used by anyone other than the specified parties. If, for any reason, we are unable to complete the procedures, we will describe any restrictions on the performance of the procedures in our report, or will not issue a report and withdraw from this engagement. Our report will include a statement indicating that had we performed additional procedures, other matters might have come to our attention that would have been reported to you.

An agreed-upon procedures engagement is not designed to detect instances of fraud or noncompliance with laws or regulations; however, we will communicate to you any known and suspected fraud and noncompliance with laws or regulations affecting the Appropriations Limit Calculation that come to our attention, unless they are clearly inconsequential. In addition, if, in connection with this engagement, matters come to our attention that contradict the Appropriations Limit Calculation, we will disclose those matters in our report. Such disclosures, if any, may not necessarily include all matters that might have come to our attention had we performed additional procedures or an examination or review.

Management is responsible for providing us with (1) access to all information of which you are aware that is relevant to the Appropriations Limit Calculation and the agreed-upon procedures, such as records, documentation, and other matters, and for the accuracy and completeness of that information; (2) additional information that we may request for the purpose of performing the agreed-upon procedures; and (3) unrestricted access to persons within the entity from whom we determine it necessary to obtain evidence relating to performing the procedures. You agree to inform us of events occurring or facts discovered subsequent to the date of the Appropriations Limit Calculation that may affect the Appropriations Limit Calculation.

Engagement administration and other matters
A list of information we expect to need for the engagement and the dates required will be provided in a separate communication.

CLA will not disclose any of your confidential, proprietary, or privileged information to any persons without the authorization of your management or unless required by law. This confidentiality provision does not prohibit us from disclosing your information to one or more of our affiliated companies in order to provide services that you have requested from us or from any such affiliated company. Any such affiliated company

shall be subject to the same restrictions on the use and disclosure of your information as apply to us.

Our engagement ends on delivery of our signed report. Any additional services that might be requested will be a separate, new engagement. The terms and conditions of that new engagement will be governed by a new, specific engagement letter for that service.

Fees
Our all-inclusive fixed fee will be $500. The fee includes professional fees, out-of-pocket expenses such as travel, internal and administrative charges, etc., and a technology and client support fee of five percent (5%) of all professional fees equal to $x,xxx. Our all-inclusive fixed fee is based on anticipated cooperation from your personnel and their assistance with locating requested documents and preparing requested schedules.

If the requested items are not available on the dates required or are not accurate, the fees and expenses will likely be higher.

Agreement
We appreciate the opportunity to be of service to you and believe this letter accurately summarizes the significant terms of our engagement. This letter constitutes the entire agreement regarding these services and supersedes all prior agreements (whether oral or written), understandings, negotiations, and discussions between you and CLA. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign, date, and return the enclosed copy to us.

Sincerely,
CliftonLarsonAllen LLP

CLA
CLA
Jeffrey Peek, Principal
SIGNED 7/15/2022, 12:36:36 PM PDT
Client
City of Porterville
SIGN:

Maria Bemis, Finance Director
DATE:

Agreed Upon Procedures – Appropriations Limit Calculation 1) Obtain the completed Appropriations Limit Calculation and compare the limit and annual adjustment factors in the calculation to the limit and annual adjustment factors that were adopted by resolution of the City Council. Compare the population and inflation options included in the aforementioned calculation to those that were selected by a recorded vote of the City Council. 2) Compute current year adjustments based on selected population and inflation options, using information provided by Department of Finance.
3) Compare the prior year appropriations limit presented in the Appropriations Limit Calculation to the prior year appropriations limit adopted by the City Council for the prior year. 4) Add results of step two (2) to the prior year Appropriations Limit, and compare the resulting amount to current year approved limit.

Item No. 7.

CITY COUNCIL AGENDA – SEPTEMBER 6, 2022
SUBJECT: Authorization to Negotiate Consultant Contract - Fourth Street Community Center and Park
SOURCE: Engineering and Project Management
COMMENT: At its meeting on June 20, 2022, the City Council authorized the distribution of a Request for Qualifications (RFQ) for design services for the Fourth Street Community Center and Park. On August 3, 2022, staff received ten (10) Statements of Qualifications (SOQs) for the design of the Fourth Street Community Center and Park. Staff reviewed and rated the firms in accordance with the "Policy for Selecting Consultants to Provide Architectural, Engineering and Similar Services" to narrow down the firms that would move on to the interview portion of the selection process. Of the ten (10) firms that submitted SOQs, eight were invited to move forward to the interview process.

Consultant interviews were scheduled and held on August 10, 2022, and the consultants were ranked based on a combination of the presentations given and the answers provided to a standard set of questions regarding the project. The results of the interviews are as follows (30 total points possible):
1) RRM Design Group 26.4 pts
2) Johnson Favaro 25.5 pts
3) Mangini Associates, Inc 23.2 pts
4) PBK 22.0 pts
5) Andrew Goodwin Designs 20.8 pts
6) COAR Design Group 20.0 pts
7) Omni Design, Inc 19.2 pts
8) Ra-Da 14.8 pts
Staff is pleased with the qualifications of the listed consultants and their interest in the project and recommends negotiating a contract with the top-ranked firm.

Staff will seek Council approval of a Service Agreement at a later meeting.

RECOMMENDATION: That City Council:

1. Authorize staff to negotiate a scope of services and contract with RRM Design Group; and

2. Authorize staff to negotiate a scope of services and contract with Johnson Favaro if staff is unable to negotiate an acceptable contractor with RRM Design Group.

ATTACHMENTS: 1. Locator Map
Item No. 7.

Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: John Lollis, City Manager

Item No. 8.

CITY COUNCIL AGENDA – SEPTEMBER 6, 2022
SUBJECT: Authorization to Execute Consultant Agreement With 4Creeks, Inc.

SOURCE: Engineering and Project Management
COMMENT: At its meeting on April 5, 2022, the results of the Butterfield Stage Corridor Project and the Santa Fe Byway Trail Project Request for Qualifications process were presented to City Council, and staff was authorized to move forward with negotiations with the top ranked firm, 4Creeks, Inc. At its meeting on May 17, 2022, staff requested Council's authorization to execute the Butterfield State Corridor portion of the contract as the City was waiting for the final Clean California Grant approval that was associated with the Santa Fe Byway Project.

The City received the Notice to Proceed for the Clean California Grant on July, 27, 2022, and as such, all approved work from that day forward is reimbursable.

Staff was able to negotiate the design services for the Santa Fe Byway Project at a not to exceed price of $472,519. The grant also includes a noninfrastructure component that partners the City with the Porterville Unified School District's Climate Action Pathway to provide design of trail signage and educational information for the use of the trail and its amenities and the importance of proper waste disposal in the amount of $37,424.

Funding for this portion is provided through the Clean California Grant in a not to exceed amount of $666,429.

Staff has found the negotiated prices acceptable.

RECOMMENDATION: That City Council:

1. Authorize the Engineering and Project Management Director to execute the Consultant Service Agreement for the Santa Fe Byway Trail (a Clean California Grant project);

2. Authorize the Engineering and Project Management Director to execute the Consultant Service Agreement for the noninfrastructure component of the project with the Climate Action Pathways through the Porterville Unified School District: and

3. Authorize progress payments up to one hundred percent (100%) of the fee amounts.

ATTACHMENTS: 1. Service Agreement - 4Creeks, Inc.

2. Scope of Services - 4Creeks, Inc.

3. Service Agreement - PUSD Climate Action Pathway
Item No. 8.

4. Scope of Services - PUSD Climate Action Pathway

5. Locator Map
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: John Lollis, City Manager
Rev. 2013-02-19

SERVICE AGREEMENT
DATE: July 27, 2022
PARTIES: City of Porterville, a California municipal corporation, hereinafter referred to as "CITY"; and 4Creeks Incorporated, hereinafter referred to as "CONSULTANT".

RECITALS: CITY has undertaken a project on which it is seeking assistance from CONSULTANT. Said project which will hereinafter be referred to as "project" is described as follows:

Project Name: Design work for the Santa Fe Byway Project Description of Project: In general, the consultant will be provide engineering services for the Santa Fe Byway Project. Details are summarized in Scope of Services as Attachment “A”.

IN CONSIDERATION OF MUTUAL COVENANTS AND AGREEMENTS HEREINAFTER set forth the parties hereto do contract and agree as follows:

SECTION 1. CONTRACT SERVICES:

CONSULTANT hereby agrees to provide the following services and materials, in a timely manner as described in the attached proposal.

SECTION 2. PAYMENT:

In consideration for said services and materials, CITY shall pay CONSULTANT on a time and materials basis not to exceed Four Hundred Seventy-Two Thousand Five Hundred Nineteen Dollars, ($472,519).

TIME OF PAYMENT: Progress payment requests shall be submitted by the 25th of each month.

CONSULTANT should receive payment within 45 days of the date the bill is received.

SECTION 3. COMPLETION DATE:

The services to be performed by CONSULTANT will be commenced upon execution of this agreement and all design “work directives” shall be completed by March 31, 2022. In the case of ongoing testing and results protocol, the CONSULTANT shall submit results as required to CITY, State and/or Federal governing agencies.

SECTION 4. FAMILIARITY WITH PROJECT:

CONSULTANT certifies and agrees that it is fully familiar with all of the details of the project required to perform its services. CONSULTANT agrees it will not rely upon any opinions and representations of CITY unless CITY is the only available source of said information.

SECTION 5. INDEPENDENT CONTRACTOR:

It is expressly understood that CONSULTANT is entering into this contract and will provide all services and materials required hereunder as an independent contractor and not as an employee of CITY.

CONSULTANT specifically warrants that it will have in full force and effect, valid insurance covering:
(i) Full liability under worker's compensation laws of the State of California; and (ii) Bodily injury and property damage insurance in the amount not less than Two Million Dollars ($2,000,000) per occurrence; and
(iii) Errors and Omissions insurance of Two Million Dollars ($2,000,000) minimum per occurrence, if deductible for Errors and Omissions insurance is Fifty Thousand Dollars ($50,000) or more, the City may require a Surety Bond for the deductible; and (iv) Automotive liability in the amount not less than Two Million Dollars ($2,000,000) per occurrence; fully protecting CITY, its elected and appointed officers, employees, agents Service Agreement

and assigns, against all claims arising from the negligence of CONSULTANT and any injuries to third parties, including employees of CITY and CONSULTANT. (v) To the fullest extent permitted by law, and subject to California Civil Code Sec 2782.8, CONSULTANT agrees to indemnify, including cost to defend, City, its elected and appointed officers and employees, from and against any and all claims, demands, costs, or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant and its employees or agents in the performance of services under this contract, but this indemnity does not apply to liability for damages arising from the sole negligence, active negligence, or willful acts of City; and does not apply to any passive negligence of the City unless caused at least in part by Consultant. City agrees that in no event shall the cost to defend charged to Consultant exceed Consultant’s proportionate percentage of fault. However, if one or more defendant/s is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the Consultant shall meet and confer with other parties regarding unpaid defense costs and reallocate as allowed by law or stature. This duty to indemnify shall not be waived or modified by contractual agreement or acts of the parties.

SECTION 6. WORKMANSHIP AND MATERIALS:

Every part of the work herein described shall be executed in a professional manner with competent, experienced personnel. Finished or unfinished material prepared under the agreement, prepared by CONSULTANT, shall become property of CITY. CONSULTANT hereby warrants that any materials prepared under this agreement shall be fit for the intended use contemplated by the parties.

SECTION 7. ASSIGNMENT OF CONTRACT:

It is acknowledged by the parties that CITY has entered into this contract with the express understanding that CONSULTANT will perform all work. CONSULTANT shall not, without the written consent of CITY, assign, transfer or sublet any portion or part of this work, nor assign any payments to others.

SECTION 8. AFFIRMATIVE ACTION.

CONSULTANT will not discriminate against any employee, or applicant for employment as required by applicable Federal and State law.

SECTION 9. CONFLICT OF INTEREST CODE:

CONSULTANT agrees to comply with the regulations of CITY’S “Conflict of Interest Code.” Said code is in accordance with the requirements of the Political Reform Act of 1974.

CONSULTANT covenants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of service required hereunder. The term "conflict" shall include, as a minimum, the definition of a "conflict of interest" under the California Fair Political Practices Act and the City of Porterville Conflict of Interest Code, as that term is applied to consultants.

SECTION 10. TERMINATION:

Either party for just cause may terminate this contract by giving seven (7) days written notice to the other party. Upon termination by CITY, CITY shall be relieved of any obligation to pay for work not completed including profit and overhead. CONSULTANT may be entitled to just and equitable compensation for satisfactory work completed, except CITY can withhold damages incurred as a result of the termination.

Service Agreement

SECTION 11. ENTIRE CONTRACT:

It is understood and agreed that this Service Agreement represents the entire Agreement between the parties. Should it be necessary to institute legal proceedings to enforce any and all of the covenants and conditions of this Agreement, the prevailing party shall be entitled to recover attorneys’ fees and costs.

SECTION 12. DISPUTES; VENUE:

If either party initiates an action to enforce the terms hereof or declare rights hereunder, the parties agree that this Agreement is entered into and is to be performed in Tulare County, California.

CONSULTANT hereby waives any rights it might have to remove any such action pursuant to California Code of Civil Procedure Section 394.

IN WITNESS WHEREOF, the parties have executed this Service Agreement on the date and year first above written.

CITY OF PORTERVILLE CONSULTANT
By By

Date Date
324 S. Santa Fe, Suite A
Visalia, California 93292
www.4-creeks.com
May 4, 2022
Ms. Sarah Weaver
Project Manager
City of Porterville
291 N. Main Street
Porterville, CA 93257
Subject: Design Proposal for the Santa Fe Byway Project Dear Ms. Weaver,
We have prepared a scope of work and fee for the services required to complete the plans, specifications, and engineer’s opinion of probable construction costs (PS&E) for the proposed Santa Fe Byway project. We understand the City received Clean California Local Grant Program (CCLGP) funding to revitalize and beautify approximately

1.3 miles of Class I path along the previous Rails to Trails corridor between Walnut Avenue and Henderson Avenue.

Our understanding is that the scope of work will generally include the following improvements:
• Rehabilitate the existing trail between Walnut Avenue and Henderson Avenue • Three (3) pedestrian hybrid beacons to replace the existing crossing systems at Olive, Morton, and Henderson Avenues
• Remove and replace existing, noncompliant Rectangular Rapid Flashing Beacon (RRFB) system with InRoadway Warning Lights (IRWL) with new at Putnam Avenue • Approximately 1,600 LF of fence
• Approximately 6,000 SF gabion ledges for soil stabilization • Remove and replace approximately 300 LF of curb and gutter • Remove approximately 280 LF of v-gutter
• Remove and replace one (1) drive approach with standard curb and gutter • Remove and replace approximately 40 dead/dying trees with new • Drought tolerant landscaping (grass and/or plants)
• Irrigation installation and/or modifications for new trees and landscape areas • Repair one (1) pedestrian bridge
• Solar lighting for the length of the path (approximately 52 lights) • One (1) park and walk area
• One (1) large picnic shelter with barbeques
• One (1) playground equipment are with shade structure • One (1) fitness equipment area with shade structure
• One (1) bike repair station
• Two (2) art sculptures
• Other trail amenities, such as benches, bike racks, bollards, trash receptacles, drinking fountains, and path map signs
• Signing, striping, and markings for the path and roadway crossings We understand the three (3) pedestrian hybrid beacons to be installed will not be included in the CCLGP funding received for the project. The City anticipates receiving Active Transportation Program (ATP) funds for these improvements. 4Creeks will track the work included for these pedestrian hybrid beacons separately for funding purposes; however, both sections shall be included in the final construction documents. Separate PS&E packages will not be provided.

Below you will find a breakdown of the tasks needed to complete this project.

Ms. Sarah Weaver May 4, 2022
Santa Fe Byway Proposal Page 2 of 7
324 S. Santa Fe, Suite A
Visalia, California 93292
www.4-creeks.com
Task 1: Project Management
4Creeks will act as the prime consultant and will manage the design team’s progress throughout the life of the project. The City of Porterville will be the Contract Administrator for the project and the direct liaison with Caltrans District 6 Division of Local Assistance. The purpose of the Project Management task is to organize the efforts of the project team, including subconsultants and the City, to keep the project on schedule and on budget. 4Creeks will:
• Manage project tasks and completion of work products
• Coordinate and manage subconsultants
• Manage and update the project schedule in coordination with the City of Porterville • Schedule meetings in coordination with the City of Porterville • Represent the 4Creeks Team at project coordination meetings • Prepare and distribute project coordination meeting minutes • Respond to the City’s questions/correspondence
• Implement and maintain quality control procedures across all disciplines involved in the project • Provide overall quality control of the contract documents • Prepare and submit monthly invoices to the City of Porterville 4Creeks will coordinate, schedule, and participate in project meetings with the City and other appropriate agencies. 4Creeks assumes up to eight (8) monthly project coordination meetings to be held virtually. We also assume one (1) in-person meeting to review City comments of the preliminary conceptual layout, as well as an in-person meeting to review City comments after the 30%, 90%, and 100% submittals.

The above Task 1 services will be provided for a Fixed Fee of $46,620. This task assumes up to eight (8) monthly project coordination meetings held virtually and four (4) in-person design review meetings. Please note additional meetings have been identified and included in other tasks. 4Creeks will be available to attend additional in-person or virtual meetings, as needed and approved by the City on a time and materials basis.

Task 2: Project Initiation
Upon contract authorization, the Project Initiation task will allow for 4Creeks to research, compile, and present to the City a list of known issues and conflicts within the site parameters, and to propose what design improvements will be needed to address these issues. 4Creeks will:
• Conduct a site-visit and assess the conditions involving the design of the project • Develop a list of issues, questions, and coordination items • Identify the necessary improvements needed for a complete design • Schedule and attend the project kick-off meeting
• Prepare agenda for the project kick-off meeting
• Review and refine the project schedule included in the contract agreement • Define City and Consultant responsibilities
• Review and discuss the scope of work and budget per the contract agreement • Prepare and distribute project kick-off meeting minutes The above Task 2 services will be provided for a Fixed Fee of $10,920. This task assumes one (1) project kickoff meeting.

Task 3: Topographic Survey
4Creeks will complete the topographic survey which shall include, but not be limited to, the following:
• Full topographic survey of the streets included with the project • 50’ cross sections
• Sewer and storm drain inverts to be dipped wherever possible • More detailed topographic survey around accessibility ramp locations • Existing observable improvements within the right of way or directly adjacent thereto that may be affected by the project
Ms. Sarah Weaver May 4, 2022
Santa Fe Byway Proposal Page 3 of 7
324 S. Santa Fe, Suite A
Visalia, California 93292
www.4-creeks.com
• Observable utilities including fire hydrants, water meter boxes, sewer cleanouts, sewer and storm manholes, valve boxes, etc.
• Tie into City of Porterville benchmark and coordinate system Right of way limits will be drafted on the topographic survey from record maps. This fee does not include ordering title reports for separate properties or record research of dedicated easements/additional right of way along the corridor.

The above Task 3 services will be provided for a Fixed Fee of $20,760.

Task 4: Utility Research and Coordination
4Creeks will work with utility companies affected by the project in providing a complete set of plans for construction bidding. Along the Santa Fe Byway, wet and dry utilities that will need to be included in the topographical base map. 4Creeks will complete utility research to identify and mitigate existing and potential conflicts especially at the roadway crossings. 4Creeks will complete the following utility research and coordination:
• Obtain utility plats and record drawings from utility companies • Schedule meetings and site visits with affected utility companies and the City of Porterville in identifying utility conflicts
• Include obtained utility information in the topographic survey and base map • Draft conflict maps for each affected facility
• Utilize potholing information in updating the utilities added to the topographic survey and to clarify uncertainties regarding the existing utilities
• Coordinate follow-up meetings with affected utility companies • Coordinate with affected utility companies in relocating utilities prior to construction The above Task 4 services will be provided for a Fixed Fee of $24,200.

Task 5: Geotechnical Analysis
4Creeks subconsultant, Krazan & Associates, will perform a geotechnical investigation. Krazan will drill eight (8) borings over the length of the proposed Class I path to a depth of five (5) to 15 feet or auger refusal. Four (4) RValues will also be collected for laboratory R-Value testing. Prior to drilling operation, an encroachment permit from the City of Porterville will be obtained and Underground Service Alert (USA) will be notified. All fieldwork will be done under the supervision of a Geotechnical Engineer or Senior Geologist. Recommendations for lime-treated subgrade will be included. A final geotechnical report of the findings will be provided.

The above Task 5 services will be provided for a Fixed Fee of $11,500.

Task 6: Ground Penetrating Radar (GPR)
4Creeks, with support from our subconsultant 4CG Construction, will perform ground penetrating radar of the project area between Putnam Avenue and Harrison Avenue where the fitness equipment and playground areas are to be installed. We have assumed three (3) days of scanning for an area of approximately 49,000 square feet. GPR documentation will be provided.

The above Task 6 services will be provided for a Fixed Fee of $11,503.

Task 7: PS&E for CCLGP Project
The 4Creeks Team will prepare PS&E for review/approval by the City for the CCLGP project. Plans and cost estimates will be provided at the 30%, 90%, and 100% final submittal stages. Specifications will be provided at the 90% and 100% submittal stages. It is anticipated that the City will provide a full review of the documents submitted at each stage of the project and will provide their comments to 4Creeks. The 4Creeks Team will address the City’s comments and revise the plans as appropriate and provide the City with responses to comments.

The following will be submitted with the 30%, 90%, and 100% submittals, or as noted below:

Ms. Sarah Weaver May 4, 2022
Santa Fe Byway Proposal Page 4 of 7
324 S. Santa Fe, Suite A
Visalia, California 93292
www.4-creeks.com
● Full-sized (24” x 36”) plans – one hardcopy and electronic PDF file ● Specifications – one hardcopy and one electronic PDF file (90% and 100% submittals) ● Engineer’s Opinion of Probable Construction Costs – one hardcopy and one electronic PDF file ● Electronic copy of specifications in MS Word format (90% and 100% submittals) ● 4Creeks response to comments and tracking - electronic PDF (90% and 100% submittals) ● Electronic copy of plans in AutoCAD Civil 3D 2019 (submitted at 100% completion point only) After final comments are addressed, one (1) set of the following hard copies will also be submitted for the final, signed contract documents:
● Full-sized plans
● Specifications
● Engineer’s Opinion of Probable Construction Costs
Construction Plans
4Creeks will submit construction plans that conform to current regulations and guidelines in accordance with City of Porterville’s Standard Plans and Specifications, Caltrans Standards and Specifications, and applicable AASHTO geometric design guidelines. It is anticipated the project improvements can be designed within the existing City right of way or the necessary right of way or easement areas will be obtained by the City.

Project plans will be prepared in AutoCAD Civil 3D on 24” x 36” size sheets. 4Creeks anticipates providing the following plan sheets for the project:

• Cover Sheet
• Topographic Survey Plans (assumed at 1” = 20’ scale, 7 sheets) • General Notes and Legend
• Key Map (assumed at 1” = 100’ scale, 2 sheets)
• Cross Sections (assumed at 1” = 10’ scale, 1 sheet)
• Layout Sheets (assumed 1” = 20’ scale, 14 sheets).
• Construction Details (assumed at 1” = 5’ scale, 2 sheets) • City Standard Details (assumed 2 sheets)
• Signing and Pavement Delineation Plans (assumed 1” = 40’ scale, 4 sheets) • Solar Lighting Plans (assumed 1” = 20’ scale, 7 sheets) • Landscape and Irrigation Plans
• Architectural Plans and Details
• Structural Plans and Details

Specifications and Cost Estimate
4Creeks will prepare the project specifications and engineer’s opinion of probable construction costs for the project.

The City shall provide 4Creeks their current City specifications and technical special provisions in MS Word. Based on directions received from the City, 4Creeks anticipates the City will prepare the up-front, boilerplate specifications. 4Creeks shall prepare and provide the following:
• Short project description to be included in the project specifications • Special provisions, technical specifications, and needed appendices for the project specifications • Engineer’s opinion of probable construction costs
• Bid item description, including measurement and payment for each item • Excel file showing itemized quantity breakdowns
Special provisions and technical specifications that are not covered by the City’s Standard Specifications will be prepared using Caltrans Standard Specifications and Special Provisions, California Manual on Uniform Traffic Control Devices, manufacturer or industry standard specifications for the specific items identified, or similar technical specifications of previous projects.

Ms. Sarah Weaver May 4, 2022
Santa Fe Byway Proposal Page 5 of 7
324 S. Santa Fe, Suite A
Visalia, California 93292
www.4-creeks.com
The above Task 7 services will be provided for a Fixed Fee of $164,440.

Task 8: PS&E for Pedestrian Hybrid Beacons and RRFB systems The 4Creeks Team will prepare PS&E for review/approval by the City for the following:
• Three (3) Pedestrian Hybrid Beacon Plans (assumed 1” = 20‘ scale, 3 sheets) • Rectangular Rapid Flashing Beacon Plan (assumed 1” = 20‘ scale, 1 sheet) Since the above Task 7 items will be funded with other monies and is not included in the CCLGP project, 4Creeks will track the work completed for this section separately. However, PS&E submittals will be made as defined in Task

7. The above Task 8 services will be provided for a Fixed Fee of $42,780.

Task 9: Architectural Services
4Creeks will complete the architectural services listed below. PS&E for architectural items will be submitted as defined in Task 7.
• Design and construction drawings for steel shade structure at picnic area, including:
o BBQ area
o Coordination with Electrical Engineer for power on site o ADA accessibility review
• Design and construction drawings for covered benches
• Coordination with fabricator for shade structure and benches • Provide overall design compatibility and artwork coordination, including plumbing and lighting fixtures and equipment design compatibility
• Design and construction drawings for fence
The above Task 9 services will be provided for a Fixed Fee of $44,520.

Task 10: Structural Services
4Creeks will complete the structural engineering services listed below. PS&E for structural engineering items will be submitted as defined in Task 7.
• Design steel shade structure at picnic area
• Provide repair details and bridge improvement (improve the path, add rails, etc.) • Design gabion wall and foundation at two locations along the trail • Design foundations for miscellaneous monument signs and artwork supports • Design solar light standard foundation
• Design bollard foundation design
The above Task 10 services will be provided for a Fixed Fee of $41,760.

Task 11: Landscape and Irrigation
4Creeks subconsultant, Wood Architecture, will complete the landscape and irrigation tasks listed below. • Provide a 1” = 10’ scale overall construction layout plan for paving elements • Provide a 1” = 20’ scale overall materials plan for site amenities including a covered playground structure, covered fitness structure, trash receptacles, benches, bollards, and dog waste receptacles • Provide construction details, sections, and elevations necessary to communicate the design intent • Provide a 1” = 20’ scale planting soils plan indicating soil treatment type, locations, and requirements • Provide a 1” = 20’ scale irrigation plan indicating location, type, and size of the irrigation sprinkler heads and piping for an automatic irrigation system; prepare AB1881 Water Conservation documentation as required by the State of California
o Prepare hydrozone plans
Ms. Sarah Weaver May 4, 2022
Santa Fe Byway Proposal Page 6 of 7
324 S. Santa Fe, Suite A
Visalia, California 93292
www.4-creeks.com
o Prepare irrigation schedules
o Prepare water calculations
• Prove a 1” = 20’ scale planting plan indicating location, type, size, and quantity of trees, shrubs, lawn, and ground cover
• Provide paving, planting soil, irrigation, and planting details • Provide tree protection, paving, planting soil, irrigation, and planting specifications The above Task 11 services will be provided for a Fixed Fee of $12,765.

Task 12: Bidding Phase Services
4Creeks will provide assistance during the bidding phase to the help the City receive clear and concise bids from Contractors for the project construction. 4Creeks will provide the following bidding phase services:
• Attend and participate in a pre-bid meeting with the City and Contractors • Provide supplemental instructions and clarifications to bidders as necessary; produce addendums to modify the bid documents (plans and specifications) as required • Review bids received at the bid opening held by the City and provide a recommendation for award The above Task 12 services will be provided on a time and materials basis. We propose the City budget $6,962 for these services. This task assumes one (1) in-person pre-bid meeting to be held at the City’s office or at the project site.

Task 13: Construction Assistance
4Creeks will assist during construction, including but not limited to the following services:
• Attend and participate in the preconstruction meeting • Respond to Requests for Information
• Review technical submittals if requested by the City
• Assist with change order review if requested by the City • Prepare as-built record drawings in AutoCAD based on red-lined plans provided by the City/Contractor The above Task 13 services will be provided on a time and materials basis. We propose the City budget $33,789 for these services. This task assumes one (1) in-person preconstruction meeting to be held at the City’s office.

Total Estimated Contract Amount for Tasks 1 to 13 = $472,519.

Schedule
4Creeks has attached a proposed project schedule which anticipates the project plans, specifications, and engineer’s opinion of probable construction costs (PS&E) will be completed by December 31, 2022. However, we would like to provide some clarification and comments on the proposed schedule and the City’s anticipated timeline for this project. The items listed below are being provided to give the City the best chance possible of meeting their schedule.

1. City-provided information/data – The City shall provide the following information/data immediately upon notice to proceed:
• Current City Standard Plans
• Current City specifications and technical special provisions in MS Word • Record drawings of the project area, including of the existing crossing systems • Plans for the City’s Grand Avenue Roadway Connection Project • Plans for the City’s Henrahan Street Improvement Project • Conceptual plans for the 4th Street Community Park and Field House Project • Right of way documents, railroad ownership documents, or title reports for the project • Any utility information the City may have for the project area Ms. Sarah Weaver May 4, 2022
Santa Fe Byway Proposal Page 7 of 7
324 S. Santa Fe, Suite A
Visalia, California 93292
www.4-creeks.com

2. Expediting Permits – The City will need to expedite any required City permits, such as for geotechnical investigations or GPR, so they are approved right away and there is no delay in work to be completed.

3. Expediting City Review – The City will need to expedite their review of the PS&E submittals. 4Creeks has included seven (7) working days for the City’s review of the 30%, 90%, and 100% submittals.

4. Utility Relocation Process – At this time, it is unknown if there are any major utilities that will require relocation. 4Creeks staff will work with the utility companies as efficiently and quickly as possible to finalize the necessary utility relocation packages.

City of Porterville Responsibilities
• Provide information/data as noted in item 1 above
• Provide responses to Consultant’s questions within two (2) days throughout the project • Attend and participate in monthly project coordination meetings and City review meetings • Provide expedited permits and City review to maintain the project schedule • Act as the Contract Administrator and be the direct liaison to Caltrans responsible for all Caltrans documentation and authorizations
Exclusions
• Coordination with the Porterville Unified School District, Climate Action Pathways for Schools (CAPS), or the Environmental Science Academy (ESA)
• All community outreach or student led activities, including graffiti removal • Any work not specifically listed in this scope of work We are very excited to submit this proposal and look forward to continuing to develop a strong working relationship with the City of Porterville. If you have questions or need additional information, please feel free to give us a call to discuss.

Sincerely,
Chris Crawford, PE 71192 Matthew D. Ainley, PE 66233
Senior Civil Engineer Principal-In-Charge
encl: 4Creeks, Inc. Fee Estimate Breakdown
4Creeks Fee Schedule
Current Prevailing Wage Surveying Rates
Project Schedule

LMWD/CC
Job No. 22264
Project
Tech 3
Project
Tech 4 Engineer Senior Engineer
Senior Utility
Designer Architect Structural Engineer Principal Engineer Assistant Surveyor Principal Land
Surveyor
Survey Crew (2-
Man Topo) Krazan Wood RSE 4CG
$105 $120 $145 $175 $160 $145 $180 $200 $110 $180 $280 1.15 1.15 1.15 1.15 Fee Varies Task 1 - Project Management
Manage subconsultants 24 2 $4,600
Tracking status/project coordination 20 20 8 $8,000
Quality Assurance/Quality Control 20 30 4 8 $10,330
City review meetings (up to 4 in-person meetings) 16 24 $6,520 Project coordination meetings (up to 8, monthly virtual meetings) 28 36 $10,360 Administration 42 12 $6,810
$46,620
Task 2 - Project Initiation
Field review meeting after completion of the topographic survey 6 6 $1,920 Prepare for project kick-off meeting 8 20 2 2 $5,380
Attend kick-off meeting/provide minutes 6 8 3 6 $3,620
$10,920
Task 3 - Topographic Survey
Field research 4 $440
Site control 9 $2,520
Field work/survey 40 $11,200
Draft field work 24 $2,640
Boundary and LO (right of way) 22 $3,960
$20,760
Task 4 - Utility Research/Coordination & Lighting Analysis Utility Research 10 10 $2,250
Draft Maps in Topo 20 10 4 4 14 $6,820
Draft Conflict Maps 5 15 10 $3,925
Utility Applications and Coordination 15 25 4 4 10 $7,455 Lighting and Photometric Analysis 2 4 16 1 $3,750
$24,200
Task 5 - Geotechnical Analysis (Krazan)
Drill rig and operator $2,500 $2,875
Field professional $1,600 $1,840
R-Value test $800 $920
Other miscellaneous lab testing $3,500 $4,025
Engineering review and report $1,600 $1,840
$11,500
Task 6 - Ground Penetrating Radar (4CG)
Ground Penetrating Radar (assumes 3 days scanning area of 49,000 SF) 2 $9,750 $11,503 $11,503
Task 7 - PS&E for CCLGP Project
Project Specifications & Cost Estimates 18 32 32 6 4 $14,160 30% Submittal Set 54 64 112 87 3 $400 $45,815
90% Submittal Set 128 224 174 3 $400 $79,290
100% Submittal Set 22 22 38 30 2 $400 $16,510
Final PS&E Set 9 22 14 14 1 $400 $8,665
$164,440
Santa Fe Byway Trail
Fee Breakdown Date: 5/4/22
Matt Ainley and Chris Crawford
4Creeks Subconsultants
Reimbursable
Expenses
TOTAL

TASK NUMBER
4Creeks Project No. 22264
Project
Tech 3
Project
Tech 4 Engineer Senior Engineer
Senior Utility
Designer Architect Structural Engineer Principal Engineer Assistant Surveyor Principal Land
Surveyor
Survey Crew (2-
Man Topo) Krazan Wood RSE 4CG
$105 $120 $145 $175 $160 $145 $180 $200 $110 $180 $280 1.15 1.15 1.15 1.15 Fee Varies Santa Fe Byway Trail
Fee Breakdown Date: 5/4/22
Matt Ainley and Chris Crawford
4Creeks Subconsultants
Reimbursable
Expenses
TOTAL

TASK NUMBER
4Creeks Project No. 22264
Task 8 - PS&E for Pedestrian Hybrid Beacons and RRFB Systems Project Specifications & Cost Estimates 16 16 $4,720
30% Submittal Set 32 20 22 1 $10,790
90% Submittal Set 62 38 45 2 $21,225
100% Submittal Set 12 8 7 1 $4,025
Final PS&E Set 4 2 6 1 $2,020
$42,780
Task 9 - Architectural Services
Project Specifications & Cost Estimates 16 $2,320
Plans 30%, 90%, 100% & Final 180 $26,100
Electrical Design for Picnic Structure Lights/Receptacles (Rose Sing Eastham and Associates) $14,000 $16,100 $44,520
Task 10 - Structural Services
Project Specifications & Cost Estimates 20 $3,600
Plans 30%, 90%, 100% & Final 120 132 $38,160
$41,760
Task 11 - Landscape and Irrigation ( Wood Architecture) Landscape and Irrigation PS&E $11,100 $12,765
$12,765
Task 12 - Bidding Phase Services - Time and Materials
Pre-Bid Meeting, Maintain Bid Holders List, Issue Addendums, Tabulate Bids 12 16 8 1 $680 $6,962 $6,962
Task 13 - Construction Assistance - Time and Materials
Attend Precon Meeting 4 4 4 4 $2,580
Respond to RFI's and Document Revisions during bid 14 6 8 8 $5,680 Assist City with Minimal Submittal Review 12 4 12 8 $600 $6,310 Assist City with Minimal Change Order Review 10 4 2 2 $2,800 Field Visit Assistance 20 $2,460 $500 $6,829
Draft Record As-Built Drawings 32 12 6 8 10 $9,590
$33,789
TOTAL: 177 592 668 673 61 240 192 52 28 22 49 $10,000 $14,840 $14,000 $9,750 $2,100 $472,519 TOTAL FEE $472,519
1 of 1
Effective May 1, 2022
4Creeks, Inc. Fee Schedule – Professional
Fees are based on the median hourly pay rate for employees in each classification, plus indirect costs, overhead, and profit. Fee schedules for the various billing categories are:

Classification Charges Per Hour Classification Charges Per Hour Civil Engineering Services Architectural Services
Associate Engineer $125 Architectural Designer $105
Engineer $145 Architect $145
Senior Engineer $175
Principal Engineer $200
Planning Services Construction Inspection
(Non-Prevailing Wage)
Associate Planner $100 Associate Construction Inspect0r $110 Planner $125 Construction Inspector $130
Senior Planner $150 Senior Construction Inspector $150
Principal Planner $175
Structural Engineering Services Construction Management Associate Structural Engineer $145 Associate Construction Manager $125 Structural Engineer $160 Construction Manager $145
Senior Structural Engineer $180 Senior Construction Manager $175 GIS Services Technical Services
Associate GIS Technician $90 Project Technician I $85
GIS Technician $100 Project Technician II $95
Senior GIS Technician $120 Project Technician III $105
Project Technician IV $120
Utility Design Services
Associate Designer $105 Public Outreach Coordination
Designer $130 Associate Outreach Coordinator $105
Senior Designer $160 Outreach Coordinator $125
Land Surveying Services
Assistant Surveyor $110 Water Consulting Services
Land Surveyor $135 Associate Water Consultant $115
Senior Surveyor $155 Water Consultant $135
Principal Land Surveyor $180 Senior Water Consultant $165 1-Man Survey Crew * $150
2-Man Survey Crew * $220 Executive Staff
3-Man Survey Crew* $275 Associate Executive $120
Drone Pilot $155 Executive $145
Senior Executive $165
Software Engineering Services Expert Witness
Assistant Software Engineer $75 Expert Witness $300
Associate Software Engineer $90
Software Engineer $135
Senior Software Engineer $165
Direct Charges
At cost plus fifteen percent (15%):
• Transportation and per-diem expenses (auto mileage @ current IRS rate, off-road charges $50.00/day) • Printing and reproduction: $0.03 per b/w copy, $0.12 per color copy, $0.80 per sq. ft. large printing • Equipment rentals, subcontractors, laboratory analyses • Website Hosting Fees: $15/mo. | $150/annual
*Prevailing wage rates by separate schedule – Varies by County 1 of 1
Effective February 1,2020
Updated August 12, 2021
4Creeks, Inc. Fee Schedule – Professional
Fees are based on the median hourly pay rate for employees in each classification, plus indirect costs, overhead, and profit. Fee schedules for the various billing categories are:

Classification Charges Per Hour
Construction Inspection (Prevailing Wage)
Construction Inspector $150
Construction Inspector Over Time $180
Construction Inspector - Sunday $210
Land Surveying (Prevailing Wage)
1-Man Survey Crew – Tulare County $150
1-Man Survey Crew – Fresno County $150
1-Man Survey Crew – Kings County $150
1-Man Survey Crew – Kern County $150
1-Man Survey Crew – Merced County
2-Man Survey Crew – Tulare County $280
2-Man Survey Crew – Fresno County $280
2-Man Survey Crew – Kings County $280
2-Man Survey Crew – Kern County $280
2-Man Survey Crew – Merced County $280
Direct Charges
At cost plus fifteen percent (15%):
• Transportation and per-diem expenses (auto mileage @ current IRS rate, off-road charges $50.00/day) • Printing and reproduction: $0.03 per b/w copy, $0.12 per color copy, $0.75 per sq. ft. large printing • Equipment rentals, subcontractors, laboratory analyses ID Task Name Predecessors Duration Start Finish
1 Santa Fe Byway 153 days Wed 5/18/22 Fri 12/16/22
2 Receive Notice to Proceed 0 days Wed 5/18/22 Wed 5/18/22 3 Kick-Off Meeting 2 3 days Wed 5/18/22 Fri 5/20/22
4 Request Utility Maps 3 0 days Fri 5/20/22 Fri 5/20/22 5 Topographic Survey - Field Work 2 30 days Wed 5/18/22 Tue 6/28/22 6 Draft Base Map and Utilities - Note: some utilities
currently take 11 - 12 weeks to receive plat maps;
utilities will be drafted as they are received
5 10 days Wed 6/29/22 Tue 7/12/22
7 Geotechnical Investigation and Analysis 2FS+7 days 45 days Fri 5/27/22 Thu 7/28/22 8 Ground Penetrating Radar 6FS+10 days 15 days Wed 7/27/22 Tue 8/16/22 9 Prepare 30% Plans and Estimate and Submit to City 6 30 days Wed 7/13/22 Tue 8/23/22 10 City Review and Comments on 30% Submittal 9 7 days Wed 8/24/22 Thu 9/1/22 11 Final Information from Public Outreach and PUSD
Student Participation to 4Creeks
10 1 day Fri 9/2/22 Fri 9/2/22
12 Prepare 90% PS&E and Submit to City 10 40 days Fri 9/2/22 Thu 10/27/22 13 City Review and Comments on 90% PS&E 12 7 days Fri 10/28/22 Mon 11/7/22 14 Prepare 100% PS&E and Submit to City 12 20 days Fri 10/28/22 Thu 11/24/22 15 City Review and Final Comments on 100% PS&E 14 7 days Fri 11/25/22 Mon 12/5/22 16 Final Construction Documents to City 15 9 days Tue 12/6/22 Fri 12/16/22 5/18
5/20
5/15 5/29 6/12 6/26 7/10 7/24 8/7 8/21 9/4 9/18 10/2 10/16 10/30 11/13 11/27 12/11 Jun '22 Jul '22 Aug '22 Sep '22 Oct '22 Nov '22 Dec '22 Task
Split
Milestone
Summary
Project Summary
External Tasks
External Milestone
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
Deadline
Progress
Manual Progress

Project: 22264 - Santa Fe Byway
Date: Wed 5/4/22
Rev. 2013-02-19

SERVICE AGREEMENT
DATE: July 27, 2022
PARTIES: City of Porterville, a California municipal corporation, hereinafter referred to as "CITY"; and Porterville Unified School District Climate Action Pathway, hereinafter referred to as "CONSULTANT".

RECITALS: CITY has undertaken a project on which it is seeking assistance from CONSULTANT. Said project which will hereinafter be referred to as "project" is described as follows:

Project Name: Sign Design work and Education Program for the non-infrastructure portion of the Santa Fe Byway Project
Description of Project: In general, the consultant will be provide sign designs and educational information for public outreach for the use of the trail and its amenities and the importance of proper waste disposal.

Details are summarized in Scope of Services as Attachment “A”.

IN CONSIDERATION OF MUTUAL COVENANTS AND AGREEMENTS HEREINAFTER set forth the parties hereto do contract and agree as follows:

SECTION 1. CONTRACT SERVICES:

CONSULTANT hereby agrees to provide the following services and materials, in a timely manner as described in the attached proposal.

SECTION 2. PAYMENT:

In consideration for said services and materials, CITY shall pay CONSULTANT on a time and materials basis not to exceed Thirty-Seven Thousand Four Hundred Twenty-Four Dollars, ($37,424).

TIME OF PAYMENT: Progress payment requests shall be submitted by the 25th of each month.

CONSULTANT should receive payment within 45 days of the date the bill is received.

SECTION 3. COMPLETION DATE:

The services to be performed by CONSULTANT will be commenced upon execution of this agreement and all design “work directives” shall be completed by March 31, 2022. In the case of ongoing testing and results protocol, the CONSULTANT shall submit results as required to CITY, State and/or Federal governing agencies.

SECTION 4. FAMILIARITY WITH PROJECT:

CONSULTANT certifies and agrees that it is fully familiar with all of the details of the project required to perform its services. CONSULTANT agrees it will not rely upon any opinions and representations of CITY unless CITY is the only available source of said information.

SECTION 5. WORKMANSHIP AND MATERIALS:

Every part of the work herein described shall be executed in a professional manner with competent, experienced personnel. Finished or unfinished material prepared under the agreement, prepared by CONSULTANT, shall become property of CITY. CONSULTANT hereby warrants that any materials prepared under this agreement shall be fit for the intended use contemplated by the parties.

SECTION 6. ASSIGNMENT OF CONTRACT:

It is acknowledged by the parties that CITY has entered into this contract with the express understanding that CONSULTANT will perform all work. CONSULTANT shall not, without the written consent of CITY, assign, transfer or sublet any portion or part of this work, nor assign any payments to others.

Service Agreement

SECTION 7. AFFIRMATIVE ACTION.

CONSULTANT will not discriminate against any employee, or applicant for employment as required by applicable Federal and State law.

SECTION 8. CONFLICT OF INTEREST CODE:

CONSULTANT agrees to comply with the regulations of CITY’S “Conflict of Interest Code.” Said code is in accordance with the requirements of the Political Reform Act of 1974.

CONSULTANT covenants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of service required hereunder. The term "conflict" shall include, as a minimum, the definition of a "conflict of interest" under the California Fair Political Practices Act and the City of Porterville Conflict of Interest Code, as that term is applied to consultants.

SECTION 9. TERMINATION:

Either party for just cause may terminate this contract by giving seven (7) days written notice to the other party. Upon termination by CITY, CITY shall be relieved of any obligation to pay for work not completed including profit and overhead. CONSULTANT may be entitled to just and equitable compensation for satisfactory work completed, except CITY can withhold damages incurred as a result of the termination.

SECTION 10. ENTIRE CONTRACT:

It is understood and agreed that this Service Agreement represents the entire Agreement between the parties. Should it be necessary to institute legal proceedings to enforce any and all of the covenants and conditions of this Agreement, the prevailing party shall be entitled to recover attorneys’ fees and costs.

SECTION 11. DISPUTES; VENUE:

If either party initiates an action to enforce the terms hereof or declare rights hereunder, the parties agree that this Agreement is entered into and is to be performed in Tulare County, California.

CONSULTANT hereby waives any rights it might have to remove any such action pursuant to California Code of Civil Procedure Section 394.

IN WITNESS WHEREOF, the parties have executed this Service Agreement on the date and year first above written.

CITY OF PORTERVILLE CONSULTANT
By By
Date Date
Date: (1)
Implementing Agency Name: (2)
Project Title: (3)
Click the links below
to navigate to
"Task Details" tabs:

Task Total CCLGP $ Total Cost $
Task "A" $33,274 $33,274
Task "B" $4,150 $4,150
Task "C" $0 $0
Task "D" $0 $0
Task "E" $0 $0
Task "F" $0 $0
Task "G" $0 $0
Task "H" $0 $0
Task "I" $0 $0
Task "J" $0 $0
Total for all Tasks $37,424 $37,424
Student Interns: Community Outreach & Educ
Student Interns: Santa Fe Byway Sign Design
Climate Action Pathways for Schools
Enter the Task Name from Each
Itemized Task
Task Summary:

Task Name
Non-Infrastructure Cost Proposal Work Plan Estimates
For Department use only
You will not be able to fill in the following items. Items will auto-populate once you've entered all "Task" tabs that apply:

Project Description: (4)
Fill in the following items:

Enter information in each Task Tab, as it applies (Task A, Task B, Task C, Task D, etc.) This project aims to use student voice and action to reduce the barriers and increase usership of the Santa Fe Byway trail so that Porterville residents know about and feel more comfortable and enthusiastic about using the Rails to Trails routes to safely travel to work, get to school, exercise, and gather as a community. Additionally, proper waste disposal to mitigate litter on trails and other public spaces will also be a component of the outreach and education.
31-Jan-22
Santa Fe Byway
ATP V.11 (04/27/2018)

Item No. 9.

CITY COUNCIL AGENDA – SEPTEMBER 6, 2022
SUBJECT: Acceptance of Final Subdivision Map - Royal Oaks, Phase 2 SOURCE: Engineering and Project Management
COMMENT:

The subdivider, Green Vine LLC, has submitted the final map of the subject project for City Council approval. The subdivider is requesting approval prior to the acceptance of the required improvements.

The subdivider has submitted the required guarantee to the City to complete and/or accept all necessary public improvements on the project. A subdivision agreement between the subdivider and the City has been signed by the subdivider, and all fees have been paid.

The final map is in conformance with the approved tentative map and City Council Resolutions 99-2006, 100-2006, 57-2008, 70-2009, and 40-2018. The improvement plans, specifications, dedications and the final map have been approved by the Engineering & Project Management Director and City Engineer and all other requirements have been met.

RECOMMENDATION: That City Council:

1. Approve the final subdivision map of Royal Oaks, Phase 2;

2. Accept all offers of dedication shown on the final map or by separate deed document; and

3. Authorize the City Clerk to file said map with the County Recorder.

ATTACHMENTS: 1. Final Subdivision Map
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: John Lollis, City Manager
PREPARED BY:

FAX: 559.802.3215
TEL: 559.802.3052
VISALIA, CA 93292
324 S. SANTA FE ST., STE. A
P.O. BOX 7593

SITUATED IN THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 22 SOUTH, RANGE 27 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY OF PORTERVILLE, COUNTY OF TULARE, STATE OF CALIFORNIA.

OWNER'S STATEMENT
STATE OF CALIFORNIA/COUNTY OF _____________

SIGNATURE
MY COMMISSION EXPIRES:

WITNESS MY HAND, AND OFFICIAL SEAL
PRINCIPAL PLACE OF BUSINESS: COUNTY
PERSONALLY APPEARED, _______________________________________ ON _______________, BEFORE ME, ____________________________, A NOTARY PUBLIC

WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S)

WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED

TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED

CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT

THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.

PRINT NAME
COMMISSION NO.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

FOR: LEORA LLC, A CALIFORNIA LIMITED LIABILITY COMPANY
STATE OF CALIFORNIA/COUNTY OF _____________

SIGNATURE
MY COMMISSION EXPIRES:

WITNESS MY HAND, AND OFFICIAL SEAL
PRINCIPAL PLACE OF BUSINESS: COUNTY
PERSONALLY APPEARED, _______________________________________ ON _______________, BEFORE ME, ____________________________, A NOTARY PUBLIC

WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S)

WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED

TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED

CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT

THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.

PRINT NAME
COMMISSION NO.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

BY: TITLE:

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY

OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY

OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

JASON T. BRITT COUNTY ADMINISTRATIVE OFFICER/
BY:

DEPUTY

BOARD OF SUPERVISOR'S STATEMENT

CITY CLERK'S STATEMENT

RECORDER'S STATEMENT
DOCUMENT NO.

FILED THIS DAY OF , 20 , AT M.,

IN VOLUME OF MAPS, AT PAGE TULARE COUNTY RECORDS,

TULARE COUNTY ASSESSOR/CLERK-RECORDER
BY:

DEPUTY
AT THE REQUEST OF 4 CREEKS, INC.

ROLAND P. HILL

SURVEYOR'S STATEMENT

CITY SURVEYOR'S STATEMENT

CITY COUNCIL'S STATEMENT
BY:_____________________________________

CITY CLERK
DATED THIS ________ DAY OF ____________________ 20_____ RANDY D. WASNICK P.L.S. 8163
MICHAEL K. REED, PUBLIC WORKS DIRECTOR P.L.S.7514

CLERK OF THE BOARD OF SUPERVISORS

FEE PAID

LANDSCAPE & LIGHTING ASSESSMENT DISTRICT
NOTICE TO HOMEOWNERS:

THIS SUBDIVISION IS WITHIN A LANDSCAPE MAINTENANCE DISTRICT AND

MAINTENANCE FEE FOR LANDSCAPING, SIDEWALK, AND BLOCK WALL

MAINTENANCE IS SUBJECT TO AN ANNUAL REVISION BASED ON ACTUAL

MAINTENANCE COST
I, JOHN D. LOLLIS, CITY CLERK OF THE CITY OF PORTERVILLE, STATE OF CALIFORNIA, HEREBY STATE TO

THE COUNTY RECORDER, AND TO WHOMSOEVER IT MAY CONCERN, THAT ALL THE PROVISIONS OF DIVISION 2, TITLE 7 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA AND OF ANY LOCAL

ORDINANCES PERTAINING TO DEPOSITS REQUIRED AT THE TIME OF APPROVAL OF THIS MAP BY THE CITY COUNCIL OF THE CITY OF PORTERVILLE HAVE BEEN COMPILED WITH.

EASEMENTS OF RECORD (NOT PLOTTABLE)

1. AN EASEMENT FOR POLES AND POLE LINES AND INCIDENTAL PURPOSES, IN FAVOR OF MT.

WHITNEY POWER AND ELECTRIC COMPANY, A CORPORATION, REC. AS BOOK 31, PAGE 256 OF OFFICIAL RECORDS.

2. AN EASEMENT FOR POLES AND POLE LINES AND INCIDENTAL PURPOSES,IN FAVOR OF SOUTHERN CALIFORNIA EDISON, RECORDED JUNE 4, 1952 AS BOOK 1601, PAGE 236 OF OFFICIAL RECORDS.

3. AN EASEMENT FOR PUBLIC UTILITIES AND INCIDENTAL PURPOSES RECORDED DECEMBER 16, 2019, AS INSTRUMENT NO. 2019-0073407, OF OFFICIAL RECORDS IN FAVOR OF SOUTHERN CA.

GAS CO.

4. AN EASEMENT FOR SOLAR ENERGY EQUIPMENT AND INCIDENTAL PURPOSES IN FAVOR OF SUNSTREET ENERGY GROUP, LLC, A DELAWARE LIMITED LIABILITY COMPANY, IN DEED REC. FLOOD NOTE 2/2/2021, AS INSTR. NO. 2021-0010200, O.R.

THE SUBJECT SITE IS WITHIN FLOOD ZONE X AS SHOWN
ON FEMA FIRM PANEL 06107C1641E, EFFECTIVE 6/16/2009

THIS IS TO STATE THAT AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE HELD ON THE _______ DAY OF ___________________ 20____ AN ORDER WAS DULY AND REGULARLY MADE

AND ENTERED APPROVING THIS MAP AND SUBDIVISION AND ACCEPTING, SUBJECT TO IMPROVEMENTS, ON

BEHALF OF THE PUBLIC THE STREETS, AVENUES, EASEMENTS, AND ACCESS LIMITATION STRIPS, ALL AS SHOWN AND INDICATED WITHIN THE BOUNDARIES OF THE SUBDIVISION SHOWN UPON THIS MAP.

WITNESS MY HAND AND OFFICIAL SEAL OF THE CITY OF PORTERVILLE THIS ___ DAY OF ____________ 20____
BY:_____________________________________

CITY CLERK

SOIL ENGINEER'S STATEMENT
I HEREBY STATE THAT A PRELIMINARY SOIL REPORT WAS SUBMITTED BY ME IN _____________, 20_______ IN ACCORDANCE WITH THE PROVISIONS OF ORDINANCE 900 OF THE MUNICIPAL CODE OF THE CITY OF PORTERVILLE AND THAT SAID REPORT IS ON FILE IN THE CITY BUILDING INSPECTOR'S OFFICE.

ZONING ADMINISTRATOR'S STATEMENT

I HEREBY STATE THAT THIS MAP CONFORMS TO THE APPROVED TENTATIVE MAP DATED THIS ________DAY OF ________________________ 20______
DATED THIS ________ DAY OF ____________________ 20_____ BY: TITLE:

BY:

BY:

POPLAR DITCH

ROYAL OAKS
SUBDIVISION 1A

INDIANA STREET
HWY 65
HWY 190

GIBBONS AVENUE

MAIN STREET

CITY OF

PORTERVILLE

VICINITY
MAP

NO SCALENORTH
ROYAL OAKS SUBDIVISION, PHASE 2

THIS SUBDIVISION IS SUBJECT TO A LANDSCAPE AND LIGHTING ACT ASSESSMENT DISTRICT WHICH WILL BE FORMED WITHIN 45 DAYS OF THE RECORDING OF THIS MAP

LEGAL DESCRIPTION
ALL THAT PORTION AS LABELED "REMAINDER" OF ROYAL OAKIS SUBDIVISION 1A, AS SHOWN ON

SAID MAP, LOCATED IN THE CITY OF PORTERVILLE, COUNTY OF TULARE, STATE OF CALIFORNIA, RECORDED JULY 30, 2020 AS DOCUMENT 2020-0044997 AND FILED IN VOLUME 44 OF MAPS AT PAGE 53, TULARE COUNTY RECORDS

THE UNDERSIGNED HEREBY CERTIFY THAT WE ARE THE ONLY PERSONS HAVING ANY

RECORD TITLE INTEREST IN THE REAL PROPERTY INCLUDED WITHIN THE BOUNDARIES

OF THE SUBDIVISION SHOWN UPON THIS MAP, AND DO HEREBY CONSENT TO THE

PREPARATION AND RECORDING OF SAID MAP AND THAT THE CONSENT OF NO OTHER PERSON IS NECESSARY. WE HEREBY OFFER FOR DEDICATION AND DO HEREBY

DEDICATE TO PUBLIC USE THE FOLLOWING, AS SHOWN WITHIN THE BOUNDARIES OF THE MAP HEREON, FOR THE SPECIFIED PURPOSES:

1. RIGHT OF WAY FOR SOUTH INDIANA STREET, RED OAK AVENUE, PIN OAK

AVENUE, SOUTH CHESS TERRACE PLACE, ROYAL OAK COURT, OHIO PLACE,

CREEKSIDE PLACE, AND COTTAGE PLACE

1. BLOCK WALL AND FOOTING EASEMENT IN FAVOR OF THE CITY OF PORTERVILLE, FOR BLOCK WALL PURPOSES AND LABELED AS "BWE" HEREON

2. PUBLIC UTILITY EASEMENT IN FAVOR OF THE CITY OF PORTERVILLE, FOR PUBLIC UTILITY PURPOSES AND LABELED AS "PUE" HEREON

3. PUBLIC ACCESS EASEMENT IN FAVOR OF THE CITY OF PORTERVILLE, FOR PUBLIC ACCESS PURPOSES AND LABELED AS "PAE" HEREON

4. TRAIL AND LANDSCAPE EASEMENT IN FAVOR OF THE CITY OF PORTERVILLE, FOR

PEDESTRIAN ACCESS AND LANDSCAPE PURPOSES

5. DITCH ACCESS AND MAINTENANCE EASEMENT IN FAVOR OF DITCH OWNER, FOR

ACCESS AND DITCH MAINTENANCE PURPOSES

THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A

FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP

ACT AND LOCAL ORDINANCE AT THE REQUEST OF ON
. AND SAID FIELD SURVEY IS TRUE AND COMPLETE AS SHOWN. I HEREBY STATE

THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP. ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY, OR WILL

OCCUPY, THE POSITIONS INDICATED WITHIN ONE YEAR OF THE RECORDING OF THIS MAP AND ARE, OR WILL BE, SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED.

DATED THIS DAY OF ,20 .

I HEREBY STATE THAT I HAVE EXAMINED THIS MAP; THAT THE SUBDIVISION AS SHOWN

IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP, AND ANY APPROVED ALTERATIONS THEREOF; THAT ALL OF THE PROVISIONS OF DIVISION 2, TITLE 7 OF THE GOVERNMENT CODE OF STATE OF CALIFORNIA AND ANY LOCAL

ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH; AND THAT I AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT. DATED THIS DAY OF ,20 .

I, JASON T. BRITT, COUNTY ADMINISTRATIVE OFFICER/CLERK OF THE BOARD

OF SUPERVISORS OF THE COUNTY OF TULARE, STATE OF CALIFORNIA, DO

HEREBY STATE THAT THE SAID BOARD OF SUPERVISORS HAS APPROVED THE PROVISIONS MADE FOR THE PAYMENT OF TAXES AS PROVIDED IN DIVISION 2 OF TITLE 7 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA.

DATED THIS DAY OF ,20 .

SUBJECT

PROPERTY
930.00'
N89° 21' 01"W 1,030.00'
935.00'
930.00'
160.00'
930.00'
(45.00')
(45.00') 60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 45.00'

80.00' 80.00'

60.00' 60.00' 45.00' 60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 60.00' (N89° 21' 01"W)
(65.00')

60.00' 60.00' 60.00'

60.00' 60.00' 65.00' 60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 60.00' N89° 21' 01"W 970.00'

95.00' (N89°21'01"W 95.00')
(45.00') 60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 45.00'

80.00'
N89° 21' 01"W 965.00' (N89° 21' 01"W 965.00')
(N89° 21' 01"W 100.43')
N89° 21' 01"W 100.43'
N0° 38' 59"E 350.00' (N0° 38' 59"E 350.00')
100.00' 25.00' 25.00' 100.00' (100.00') 100.00' (100.00') (25.00') (25.00')
100.00' 100.00'
100.00' 100.00'
100.00' 100.00'
100.00' 100.00'
100.00' 100.00'
100.00' 100.00'
100.00' 100.00'
100.00' 100.00'
100.00' 100.00'
100.00' 100.00'
100.00' 100.00'
100.00' 100.00'
100.00' 100.00'
100.00' 100.00'
N0° 38' 59"E 200.00'
N0° 38' 59"E 200.00'
N0° 38' 59"E 200.00'
N0° 38' 59"E 200.00'
N0° 38' 59"E 200.00'
N0° 38' 59"E 200.00'
N0° 38' 59"E 200.00'
N0° 38' 59"E 200.00'
N0° 38' 59"E 200.00'
N0° 38' 59"E 200.00'
N0° 38' 59"E 200.00'
N0° 38' 59"E 200.00'N0° 38' 59"E 200.00'
N0° 38' 59"E 200.00'
N0° 38' 59"E 100.00'
N0° 38' 59"E 100.00'
N0° 38' 59"E 100.00'
N0° 38' 59"E 100.00'
N0° 38' 59"E 100.00'
N0° 38' 59"E 100.00'
N0° 38' 59"E 100.00'
N0° 38' 59"E 100.00'
N0° 38' 59"E 100.00'
N0° 38' 59"E 100.00'
N0° 38' 59"E 100.00'
N0° 38' 59"E 100.00'
N0° 38' 59"E 100.00'
N0° 38' 59"E 100.00'
613.65'
125.00' 250.00'
(N0°38'59"E 130.00')
N00° 38' 59"E 743.65'
128.75'
FD. 3/4" IP TAGGED "PLS 8163"
REPLACED WITH 2" BD STAMPED
"PLS 8163", FLUSH IN CONCRETE

60.00' (60.00') 60.00' (60.00') 65.00' (60.00') 60.00' (60.00') 60.00' (60.00') 60.00' (60.00') 60.00' (60.00') 60.00' (60.00') 60.00' (60.00') 60.00' (60.00') 60.00' (60.00') 60.00' (60.00') 60.00' (60.00') 60.00' (60.00') 60.00' (60.00')

30.00' 30.00'
(30.00') (30.00') 21.35' (N0° 38' 59"E 21.35') 585.00' 60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 45.00'

81.53'
N44° 21' 01"W 28.28'

30.00'
635.00'

65.00' 60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 60.00' 60.00' N0° 32' 44"E 937.21' (N0° 32' 44"E 937.21')
2107.72' (2107.72')
158.04' (158.04') 123.75' (123.75') 5.00' (5.00')
N89° 21' 01"W 100.36'
N89° 21' 01"W 100.47'
N89° 21' 01"W 100.58'
N89° 21' 01"W 100.69'
N89° 21' 01"W 100.79'
N89° 21' 01"W 100.90'
N89° 21' 01"W 101.01'
N89° 21' 01"W 101.12'
N89° 21' 01"W 101.23'
N45° 38' 59"E

28.28'
N44° 21' 01"W

28.28'
N45° 38' 59"E

28.28'
N89° 21' 01"W 131.59'
N0° 38' 59"E 25.00' (N0° 38' 59"E 25.00')
N89° 21' 01"W 28.75'
(N89° 21' 01"3W 28.75')
177
6000 sf.
178
6000 sf.
179
6000 sf.
180
6000 sf.
181
6000 sf.
182
6000 sf.
183
6000 sf.
184
6000 sf.
185
6000 sf.
186
6000 sf.
187
6000 sf.
188
6000 sf.
189
6000 sf.
190
6000 sf.
191
6300 sf.
70 6029 sf.
71 6036 sf.
72 6042 sf.
73 6049 sf.
74 6055 sf.
75 6062 sf.
76 6068 sf.
77 6075 sf.
78 6082 sf.
79 6396 sf.
162
6300 sf.
161
6300 sf.
163
6000 sf.
160
6000 sf.
159
6000 sf.
164
6000 sf.
165
6000 sf.
158
6000 sf.
157
6000 sf.
167
6000 sf.
155
6000 sf.
156
6000 sf.
166
6000 sf.
168
6000 sf.
154
6000 sf.
169
6000 sf.
153
6000 sf.
170
6000 sf.
171
6000 sf.
152
6000 sf.
172
6000 sf.
173
6000 sf.
174
6000 sf.
175
6000 sf.
176
6000 sf.
147
6000 sf.
148
6000 sf.
149
6000 sf.
150
6000 sf.
151
6000 sf.

N0° 38' 59"E 525.12'
N0° 38' 59"E 425.99'
N0° 38' 59"E 447.74'
N0° 38' 59"E 493.37'N0° 38' 59"E 492.31'
N89° 21' 01"W 103.04'
N89° 21' 01"W 103.04' N89° 21' 01"W 207.50'
N89° 21' 01"W 207.50'
N89° 21' 01"W 390.54'
N89° 21' 01"W 207.50'
N89° 21' 01"W 207.50'
N89° 21' 01"W 207.50' N89° 21' 01"W 207.50'
N89° 21' 01"W 207.50'
N89° 21' 01"W 207.50' N89° 21' 01"W 207.50'
N89° 21' 01"W 207.50'
N89° 21' 01"W 207.50'
103.75' 103.75'
103.75' 103.75'
103.75' 103.75'
167.50'

83.75' 83.75'
279.33'

60.00' 60.00' 60.00' 45.00'
335.60'

45.00' 60.00' 60.00'

60.00'

60.00'

60.00' 60.00' 45.00'
335.60'
103.75' 103.75'
103.75' 103.75'
103.75' 103.75'
167.50'

83.75' 83.75'
351.35'

45.00' 60.00' 60.00'

60.00'

60.00'

60.00' 60.00' 45.00'
167.50'

83.75' 83.75'
351.35'
103.75' 103.75'
103.75' 103.75'
103.75' 103.75'

45.00' 60.00' 60.00' 60.00'
353.10'

60.00' 60.00' 60.00' 45.00'
167.50'

83.75' (83.75') 83.75'
(45.00')

60.00' 60.00' 60.00'
314.85'
309.85'

60.00' 60.00' 60.00'
(40.00')
(40.00')

60.00' 60.00' 60.00'

30.00'
(30.00') 103.04' 103.75' 103.75' 25.00'
(25.00')

25.00'
(25.00')
103.75' 103.75'
103.75' 103.75' 60.00' 60.00' 60.00' 65.00' (65.00')

65.00' 60.00' 60.00' 60.00'
131.59'

5.00'
N0° 38' 59"E 238.65'
158.04' (158.04') 128.75' (128.75')
N44° 21' 01"W 28.28' N45° 38' 59"E 28.28' N44° 21' 01"W 28.28' N45° 38' 59"E 28.28' N44° 21' 01"W 28.28' N45° 38' 59"E 28.28' N44° 21' 01"W 28.28' (25') (25')
286.79' (N89° 21' 01"W 286.79')

45.00'

40.00'

40.00'
N0° 38' 59"E 25.00' (N0° 38' 59"E 25.00')

90.00' (90.00')
N0° 38' 59"E 2659.85' (N0° 38' 59"E 2659.85') BASIS OF BEARINGS 552.12' (552.12')

90.00' (90.00') 335.99'

65.00' 60.00' 60.00' 60.00'
25' 25'
25' 25'
25'
25'
(25') 25' 25' 25'
30' 30'
30' 30'
25'
25'
25'
25'
3' PAE
3' PAE
3' PAE
3' PAE
3' PAE
3' PAE
3' PAE
3' PAE
3' PAE
3' PAE
3' PAE
3' PAE
3' PAE
3' PAE
3' PAE
3' PAE
146
6183 sf.
145
6183 sf.
144
6183 sf.
138
6225 sf.
137
6225 sf.
136
6225 sf.
135
6544 sf.
134
6225 sf.
133
6225 sf.
132
6225 sf.
123
6225 sf.
122
6225 sf.
121
6225 sf.
120
6544 sf.
119
6544 sf.
118
6225 sf.
117
6225 sf.
116
6225 sf.
107
6225 sf.
106
6225 sf.
105
6225 sf.
104
6544 sf.
103
6544 sf.
102
6225 sf.
101
6225 sf.
100
6225 sf.
92 91
6225 sf.
90 6225 sf.
89 6544 sf.
88 6544 sf.
87 6225 sf.
86 6225 sf.
85 RED OAK AVENUE

PIN OAK AVENUE

CHESS TERRACE STREET

ROYAL OAK STREET

PIN OAK AVENUE

ROYAL OAK COURT
S. CHESS TERRACE PL.

S. INDIANA STREET S. INDIANA STREET

PIN OAK AVENUE

COTTAGE PLACE

CREEKSIDE PLACE

OHIO PLACE
353.10'
2' BWE
6' PUE
6' PUE
6' PUE 6' PUE 6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
PUBLIC HIGHWAY EASEMENT, REC.
11/9/1938, BK. 824, PG. 302, O.R.

65.00' 60.00' 60.00' 60.00'
257.50' 257.50' 262.50'
PREPARED BY:

FAX: 559.802.3215
TEL: 559.802.3052
VISALIA, CA 93292
324 S. SANTA FE ST., STE. A
P.O. BOX 7593
FD. 3/4" IP TAGGED "PLS 8163" PER ROYAL
OAKS SUBDIVISION 1A, REPLACED WITH 2" BD
STAMPED "PLS 8163", FLUSH IN CONCRETE
302.21'
N89° 50' 15"W 2650.44' (N89° 50' 15"W 2650.44')
1325.22' (1325.22')
552.12' (552.12')
N0° 38' 59"E 2659.85' (N0° 38' 59"E 2659.85') BASIS OF BEARINGS FD. BRASS TAG (ILLEGIBLE) AND NAIL IN

CONCRETE, TIES CHECK
ACCCEPTED AS E1/4 COR. SECT. 3-22/27
FD. BRASS DISC IN WELL, STAMPED
"RCE 16094", TIES CHECK
ACCEPTED AS NE COR. SECT. 3-22/27
FD. BRASS DISC IN WELL STAMPED "RCE 24637"
ACCEPTED AS CENTER COR. SECT. 2-22/27
SHEET 2 OF 3
SEE SHEET 3
SEE SHEET 3
SEE SHEET 3
N89° 21' 01"W 1193.04'
FD. 3/4" IP TAGGED "PLS 8163" PER ROYAL
OAKS SUBDIVISION 1A, REPLACED WITH 2" BD
STAMPED "PLS 8163", FLUSH IN CONCRETE
SEE SHEET 3

POSITION OF SE CORNER OF

PROPERTY BEING SUBDIVIDED
ROYAL OAKS SUBDIVISION, PHASE 2
NORTH
60' 0' 60'
CURVE TABLES ON SHEET 3
( )
LEGEND
BWE
PUE
T.C.R.
1 2
O.R.T.C.

FD.

IP

MONUMENT FOUND AS DESCRIBED
FOUND BRASS DISC IN CONCRETE STAMPED "PLS 8163" PER ROYAL OAKS SUBDIVISION 1A RECORDED IN VOL. 44 OF MAPS, PG. 53 T.C.R.

FOUND 3/4" IRON PIPE TAGGED "PLS 8163" PER ROYAL OAKS
SUBDIVISION 1A
SET 3/4" IRON PIPE TAGGED "PLS 8163"
SET BRASS DISC IN CONCRETE STAMPED "PLS 8163"
FOUND 3/4" IRON PIPE TAGGED "PLS 8163" AS 5' WITNESS CORNER SET 3/4" IRON PIPE TAGGED "PLS 8163" AS 5' WITNESS CORNER (DISTANCE IS TO TRUE CORNER)

BLOCK WALL AND CONCRETE FOOTING EASEMENT

PUBLIC UTILITY EASEMENT

TULARE COUNTY RECORDS

OFFICIAL RECORD OF TULARE COUNTY

FOUND AS DESCRIBED

IRON PIPE

THICK SOLID LINE DENOTES SUBDIVISION BOUNDARY

RECORD DATA PER MAP OF ROYAL OAKS SUBDIVISION
1A RECORDED IN VOL. 44 OF MAPS, AT PG. 53, T.C.R.

TRAIL AND LANDSCAPE EASEMENT

DITCH ACCESS AND MAINTENANCE EASEMENT
THE WEST LINE OF THE NW1/4 OF SECTION 2-22/27 PER MAP
OF ROYAL OAKS SUBDIVISION 1A, RECORDED IN VOLUME 44
OF MAPS, PG. 53, T.C.R.

BASIS OF BEARINGS

WATER OAK AVENUE

60.00' 60.00' 60.00' 45.00'

81.53'
N44° 21' 01"W 28.28'

30.00' 65.00' 60.00' 60.00' 60.00'
N0° 32' 44"E 937.21' (N0° 32' 44"E 937.21')

90.41' 91.40' 65.00' 30.00' 25.40'
N89° 21' 01"W 101.01'
N89° 21' 01"W 101.12'
N89° 21' 01"W 101.23'
76 6068 sf.
77 6075 sf.
78 6082 sf.
79 6396 sf.

N0° 38' 59"E 525.12'
N0° 38' 59"E 425.99'
N0° 38' 59"E 464.24'
N0° 38' 59"E 462.49'
N0° 38' 59"E 446.74'
N0° 38' 59"E 151.83'
N89° 21' 01"W 136.59'
N0° 38' 59"E 447.74'
N0° 38' 59"E 493.37'N0° 38' 59"E 492.31'
N89° 21' 01"W 103.04'
N89° 21' 01"W 103.04'
N89° 21' 01"W 103.04'
N89° 21' 01"W 103.04'
N89° 21' 01"W 88.81' N89° 21' 01"W 89.51'
N64° 52' 10"W(R) 91.47'
N89° 21' 01"W 103.75'
N89° 21' 01"W 79.61'
N89° 21' 01"W 207.50'
N89° 21' 01"W 207.50'
N89° 21' 01"W 207.50'
N89° 21' 01"W 207.50'
N89° 21' 01"W 390.54'
N89° 21' 01"W 207.50'
N89° 21' 01"W 207.50'
N89° 21' 01"W 207.50'
N89° 21' 01"W 207.50'
N89° 21' 01"W 207.50'
N89° 21' 01"W 207.50'
N89° 21' 01"W 158.93' N89° 21' 01"W 158.75'
N89° 21' 01"W 206.61'
N89° 21' 01"W 207.50'
N89° 21' 01"W 207.50'
N89° 21' 01"W 207.50'
N89° 21' 01"W 207.50'
N89° 21' 01"W 207.50' N89° 21' 01"W 207.50'
N89° 21' 01"W 207.50'
N89° 21' 01"W 207.50'
N89° 21' 01"W 207.50'
N89° 21' 01"W 207.18'
N89° 21' 01"W 181.73'
N89° 21' 01"W 110.88'
N78° 21' 44"E 182.90'
N77° 12' 52"E 182.24'
N89° 44' 21"W 409.85' N89° 44' 21"W 199.99'
N80° 28' 03"E 38.78'
N80° 28' 03"E 35.69'
N86° 38' 55"E 58.59'
N86° 38' 55"E 59.05'
N77° 12' 52"E 184.93'
N78° 21' 44"E 180.84'
N89° 44' 21"W 611.46'
N80° 14' 53"W 57.53'
N80° 14' 53"W 55.98' 5.00'
128.75' 128.75' 128.75' 105.16' 70.14' 73.40'
119.18'
144.73'

27.82'
102.86' 78.88'
103.75' 103.43'
103.75' 103.75'
103.75' 103.75'
103.75' 103.75'
103.75' 103.75'
167.50'

83.75' 83.75'
279.33'

54.33' 60.00' 60.00' 60.00' 45.00'
335.60'

45.00' 60.00' 60.00' 60.00' 60.00'

50.60'

50.60'

60.00' 60.00' 60.00' 60.00' 45.00'
335.60'

79.31' 79.44'
103.75' 102.86'
103.75'

60.00'
103.75'
103.75' 103.75'
103.75' 103.75'
103.75' 103.75'
103.75' 103.75'
167.50'

83.75' 83.75'
351.35'

45.00' 60.00' 60.00' 60.00' 60.00'

60.00'

60.00'

60.00' 60.00' 60.00' 60.00' 45.00'
167.50'

83.75' 83.75'
351.35'

6.35'

6.35'

79.61' 79.31'
103.75' 103.75'
103.75' 103.75'
103.75' 103.75'
103.75' 103.75'
103.75' 103.75'
103.75' 103.75'

45.00' 60.00' 60.00' 60.00' 60.00' 60.00'
353.10'

60.00' 60.00' 60.00' 60.00' 60.00' 45.00'
167.50'

83.75' (83.75') 83.75'
(45.00')

60.00' 60.00' 60.00' 60.00' 29.85'
314.85'
309.85'

29.85' 60.00' 60.00' 60.00' 60.00'
(40.00')
(40.00')

60.00' 60.00' 60.00' 60.00' 65.00' 122.37'
501.87'

30.00' (30.00') 103.04' 103.75' 103.75' 25.00'
(25.00')

25.00'
(25.00')
103.75' 103.75'
103.75' 103.75'
103.75' 103.75'
103.75' 103.75' 65.12' 89.62' 40.50' 65.00' 60.00' 65.00' 60.00' 60.00' 60.00' 60.00' 65.00' (65.00') R22 R23 R26

65.00' 60.00' 60.00' 60.00' 60.00' 60.00' 82.74'
R20
R19
R11
R12
R13 R15
R16 R17
R25
R24
R4R5
N0° 38' 59"E(R)

5.00'
N13° 10' 32"W(R)

3.00'
R27
N12° 47' 08"W(R)

5.00'
R21
R18
R14
R6
R7
R8
R9
R10
N0° 38' 59"E(R)

5.00'
R1
R2 R3
C1
C2
C3
C4
C5
C6 C7
C8
C9
C10
C11
C12
C13
C14

8.10' 8.10'
C15
C16
C17
C18
C19
C20
C21
C22
C23
C24
C25
C26
C27
C28
C29
C30
C31
C32
C33
C34
C35
C36
C37
C38
C39
C40
C41

91.64'

35.69'
N45° 38' 59"E 28.28'
131.59'

5.00'
25' 25'
30'
N0° 38' 59"E 238.65'
262.50' 257.50' 257.50' 128.75' (128.75') 128.75' 158.04' (158.04') N44° 21' 01"W 28.28' N45° 38' 59"E 28.28' N44° 21' 01"W 28.28' N45° 38' 59"E 28.28' N44° 21' 01"W 28.28' N45° 38' 59"E 28.28' N44° 21' 01"W 28.28' 30'
25' 25' 25' (25')
(25') (25')
25' 25'
25' 25' 25' 25' 25' 25'
286.79' (N89° 21' 01"W 286.79')

45.00'

40.00'

40.00'
N0° 38' 59"E 25.00' (N0° 38' 59"E 25.00')

90.00' (90.00')
N0° 38' 59"E 2659.85' (N0° 38' 59"E 2659.85') BASIS OF BEARINGS 462.12' (462.12')
552.12' (552.12')
N89° 50' 15"W 2650.44' (N89° 50' 15"W 2650.44')
1325.22' (1325.22')

30.00' 14.24' 20.26'
20' 25' 25'
25'
25'

90.00' (90.00') 335.99'

65.00' 60.00' 60.00' 60.00' 60.00' 60.00' 65.00' 63.37' 302.20'
N0° 32' 44"E 937.21' (N0° 32' 44"E 937.21')
N89° 21' 57"W 175.30'
N89° 21' 57"W 178.15'

23.59'
25' 20'
25'
25'
25' 25'
25' 25'
3' PAE
3' PAE
3' PAE
3' PAE
3' PAE
3' PAE
3' PAE
3' PAE
3' PAE
3' PAE
3' PAE
3' PAE
3' PAE
3' PAE
3' PAE
3' PAE
3' PAE
146
6183 sf.
145
6183 sf.
144
6183 sf.
143
6183 sf.
142
6540 sf.
141
5786 sf.
140
6586 sf.
139
6225 sf.
138
6225 sf.
137
6225 sf.
136
6225 sf.
135
6544 sf.
134
6225 sf.
133
6225 sf.
132
6225 sf.
131
6225 sf.
130
6225 sf.
129
6145 sf.
128
5905 sf. 127
5792 sf.
126
6145 sf.
125
6225 sf.
124
6225 sf.
123
6225 sf.
122
6225 sf.
121
6225 sf.
120
6544 sf.
119
6544 sf.
118
6225 sf.
117
6225 sf.
116
6225 sf.
115
6225 sf.
114
6225 sf.
113
6103 sf.
112
5766 sf.
111
5689 sf.
110
6103 sf.
109
6225 sf.
108
6225 sf.
107
6225 sf.
106
6225 sf.
105
6225 sf.
104
6544 sf.
103
6544 sf.
102
6225 sf.
101
6225 sf.
100
6225 sf.
99 6225 sf.
98 6222 sf.
97 5715 sf.
96 6126 sf.

LOT A
20767 sf.
95 8333 sf.
94 6222 sf.
93 6225 sf.
92 6225 sf.
91 6225 sf.
90 6225 sf.
89 6544 sf.
88 6544 sf.
87 6225 sf.
86 6225 sf.
85 6225 sf.
84 6224 sf.
83 5411 sf.
82 6902 sf.
81 9523 sf.
80 7058 sf.

PIN OAK AVENUE

SOUTH CHESS TERRACE PLACE

PIN OAK AVENUE

ROYAL OAK COURT

CHESS TERRACE STREET
S. INDIANA STREET
CHESS

TERRACE PLACE

PIN OAK AVENUE

COTTAGE PLACE

CREEKSIDE PLACE

OHIO PLACE
353.10'
30'
LOT C
26843 sf.

LOT B
31353 sf.

LOT B
31353 sf.
13'
13' 1 13' 1
1 2
15'
2 15'
15'
2 2' BWE
2' BWE 2' BWE
2' BWE
2' BWE
2' BWE
2' BWE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
PUBLIC HIGHWAY EASEMENT, REC.
11/9/1938, BK. 824, PG. 302, O.R.

62.31' 65.00' 60.00' 60.00' 60.00' 60.00' 60.00' 65.00'

RADIAL TABLE
#
R1
R2
R3
R4
R5
R6
R7
R8
R9
R10
R11
R12
R13
R14

BEARING
N89° 21' 01.35"W
N47° 56' 26.71"W
S51° 02' 42.24"E
N49° 14' 24.02"E
N52° 20' 39.55"E
N89° 21' 01.35"W
S47° 56' 26.71"E
S78° 41' 54.15"E
S49° 14' 24.02"W
N79° 59' 51.46"E
N89° 21' 01.35"W
N47° 56' 26.71"W
N80° 43' 45.77"W
N49° 14' 24.02"E

RADIAL TABLE
#
R15
R16
R17
R18
R19
R20
R21
R22
R23
R24
R25
R26
R27

BEARING
N82° 01' 43.08"E
N89° 21' 01.35"W
N78° 30' 33.04"W
S47° 56' 26.71"E
N81° 08' 24.30"E
N79° 48' 30.35"E
N49° 14' 24.02"E
N89° 21' 01.35"W
N82° 50' 39.61"W
N47° 56' 26.71"W
N88° 48' 02.95"W
N79° 54' 52.58"E
N49° 14' 24.02"E

CURVE TABLE
Curve #
C1
C2
C3
C4
C5
C6
C7
C8
C9
Length

36.14 229.35

2.71 169.14

54.79 2.71

36.14 36.14
229.35
Radius

50.00 50.00

50.00 50.00

50.00 50.00

50.00 50.00

50.00 Delta

41.41 262.82

3.10 193.82

62.79 3.10

41.41 41.41
262.82

CURVE TABLE
Curve #
C10
C11
C12
C13
C14
C15
C16
C17
C18
Length

26.84 87.84

87.84 26.84

36.14 36.14
229.35

28.61 86.06
Radius

50.00 50.00

50.00 50.00

50.00 50.00

50.00 50.00

50.00 Delta

30.76 100.65
100.65

30.76 41.41

41.41 262.82

32.79 98.62

CURVE TABLE
Curve #
C19
C20
C21
C22
C23
C24
C25
C26
C27
Length

86.06 28.61

36.14 36.14

9.46 26.68
229.35

44.44 81.97
Radius

50.00 50.00

50.00 50.00

50.00 50.00

50.00 50.00

50.00 Delta

98.62 32.79

41.41 41.41

10.84 30.57
262.82

50.92 93.93

CURVE TABLE
Curve #
C28
C29
C30
C31
C32
C33
C34
C35
C36
Length
102.95

36.14 9.46

26.68 36.14

5.68 30.46
229.35

35.64 Radius

50.00 50.00

50.00 50.00

50.00 50.00

50.00 50.00

49.11 Delta
117.97

41.41 10.84

30.57 41.41

6.51 34.90
262.82

41.58 CURVE TABLE
Curve #
C37
C38
C39
C40
C41
Length

91.08 102.61

36.14 9.37

26.77 Radius

49.79 50.00

50.00 50.00

50.00 Delta
104.80
117.58

41.41 10.74

30.67 PREPARED BY:

FAX: 559.802.3215
TEL: 559.802.3052
VISALIA, CA 93292
324 S. SANTA FE ST., STE. A
P.O. BOX 7593
FD. BRASS DISC IN WELL, STAMPED
"RCE 16094", TIES CHECK
ACCEPTED AS NE COR. SECT. 3-22/27
FD. BRASS TAG (ILLEGIBLE) AND NAIL IN

CONCRETE, TIES CHECK
ACCCEPTED AS E1/4 COR. SECT. 3-22/27
FD. BRASS DISC IN WELL STAMPED "RCE 24637"
ACCEPTED AS CENTER COR. SECT. 2-22/27
N89° 21' 01"W 1193.04'
2107.72'
(2107.72')
1325.22'
(1325.22')
25'
SHEET 3 OF 3
SEE SHEET 2
SEE SHEET 2 SEE SHEET 2
635.00'

NE CORNER PROPERTY

BEING SUBDIVIDED
( )
LEGEND
BWE
PUE
T.C.R.
1 2
O.R.T.C.

FD.

IP

MONUMENT FOUND AS DESCRIBED
FOUND BRASS DISC IN CONCRETE STAMPED "PLS 8163" PER ROYAL OAKS SUBDIVISION 1A RECORDED IN VOL. 44 OF MAPS, PG. 53 T.C.R.

FOUND 3/4" IRON PIPE TAGGED "PLS 8163" PER ROYAL OAKS
SUBDIVISION 1A
SET 3/4" IRON PIPE TAGGED "PLS 8163"
SET BRASS DISC IN CONCRETE STAMPED "PLS 8163"
FOUND 3/4" IRON PIPE TAGGED "PLS 8163" AS 5' WITNESS CORNER SET 3/4" IRON PIPE TAGGED "PLS 8163" AS 5' WITNESS CORNER (DISTANCE IS TO TRUE CORNER)

BLOCK WALL AND CONCRETE FOOTING EASEMENT

PUBLIC UTILITY EASEMENT

TULARE COUNTY RECORDS

OFFICIAL RECORD OF TULARE COUNTY

FOUND AS DESCRIBED

IRON PIPE

THICK SOLID LINE DENOTES SUBDIVISION BOUNDARY

RECORD DATA PER MAP OF ROYAL OAKS SUBDIVISION
1A RECORDED IN VOL. 44 OF MAPS, AT PG. 53, T.C.R.

TRAIL AND LANDSCAPE EASEMENT

DITCH ACCESS AND MAINTENANCE EASEMENT
THE WEST LINE OF THE NW1/4 OF SECTION 2-22/27
PER MAP OF ROYAL OAKS SUBDIVISION 1A, RECORDED
IN VOLUME 44 OF MAPS, PG. 53, T.C.R.

BASIS OF BEARINGS
ROYAL OAKS SUBDIVISION, PHASE 2

POSITION OF SE CORNER OF
SW1/4 OF NW1/4 SECT. 2-22/27
NORTH
60' 0' 60'

WATER OAK AVENUE
Item No. 10.

CITY COUNCIL AGENDA – SEPTEMBER 6, 2022
SUBJECT: Final Ballot Results - Area 457 Sewer Utility District SOURCE: Engineering and Project Management
COMMENT: This report is a follow-up to the Area 457 Sewer Utility District Public Hearing held on August 16, 2022. At the Public Hearing, staff requested the Hearing to be open and to tabulate the votes the following day. Staff also requested that the results be presented to the City Council at its meeting of September 6, 2022.

The votes were subsequently tabulated and certified. Tabulation indicates

34.51% of the property owners voted (39 votes), of those 92.31% (36 votes) of the votes received were in favor of forming the Sewer Utility District; 7.69% (3 votes) of the ballots received voted against formation of the Sewer Utility District. Two ballots were excluded as one was not signed by the legal property owner and one was received in the mail after the deadline. The Council may now consider the attached Resolution approving the formation of the Sewer Utility District and levying of the assessment.

RECOMMENDATION: That City Council accept the voting results for Area 457 Sewer Utility District and adopt the draft Resolution approving the Formation of Sewer Utility District 457.

ATTACHMENTS: 1. Ballot Certification

2. Draft Resolution

3. Locator Map
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: John Lollis, City Manager

RESOLUTION NO. ___-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF PORTERVILLE APPROVING

THE FORMATION OF
ISLAND ANNEXATION AREA 457

SEWER UTILITY DISTRICT AND LEVYING THE ASSESSMENT
WHEREAS: Island Annexation Area 457, was a large area annexed into the city in 2015; and
WHEREAS: the parcels in this area utilize individual septic tanks that are failing; and WHEREAS: in accordance with California Streets and Highways Code Section 10000 et seq. and other applicable laws, the property owners were provided with Notice of the Public Hearing and assessment ballot proceeding; and
WHEREAS: the public hearing has been held and the ballots from the proceeding have been tabulated; and
WHEREAS: the property owners within the proposed District have approved, via ballots cast at the end of the Public Hearing held August 16, 2022, with tabulation of said ballots continued to August 17, 2022;
NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Porterville:

1. Approves the formation of the Island Annexation Area 457 Sewer Utility District establishing an assessment to pay for the installation of new sewer mains and laterals. A diagram of the District setting forth the boundaries and parcels located within the District is attached hereto as Exhibit ‘A’;

2. Authorizes the levying of the assessment based on the final cost of actual construction to install sewer mains, laterals, manholes, trench pavement, etc.;

3. Authorizes the City to permit property owners to pay the total one-time assessment on a bi-yearly basis through property taxes over a period of 30 years, with 3% interest. The City Council authorizes the execution and transmittal of all documents necessary to effect the payment schedule through the Tulare County Assessor’s Office; and

4. Hereby proclaims that property owners may, via an agreement with the City, decline to participate in the Sewer Utility District and pay all connection fees based on the City’s Exhibit “H”, “Connection Fees” schedule and the cost of the lateral upon request to connect. Sewer lateral costs shall be per actual construction costs adjusted 3% annually.

Resolution No. __-2022

PASSED, APPROVED and ADOPTED this 6th day of September, 2022. ____________________________________
Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk
By: __________________________________
Patrice Hildreth, Chief Deputy City Clerk

SUBJECT

LOCATION
STATE HIGHWAY 190 STATE HIGHWAY 65 S INDIANA ST

LEGEND S WISCONSIN ST S COTTAGE ST

ANNEXATION LIMITS

EXISTING SEWER MAIN

PROPOSED SEWER MAIN
Item No. 11.

CITY COUNCIL AGENDA – SEPTEMBER 6, 2022
SUBJECT: Authorization of Street Closure for Pioneer Days SOURCE: Parks and Leisure Services
COMMENT: The Parks and Leisure Services Department is planning the return of its annual fundraiser event for the Zalud House Museum. Pioneer Days & Rib Cook-Off is scheduled for Saturday, October 8, 2022, from the hours of 6:00 AM to 4:00 PM (which includes setup and teardown) on Main Street in the area of Morton Avenue to Putnam Avenue. Some of the activities will include: a rib cook-off, pageants, vendors, live shoot-out, historical displays, reenactments, kids corral, old west games, music and more.

In support of this event, it is requested that the City Council approve a temporary closure of Main Street between Putnam Avenue and Morton Avenue, and on Harrison Avenue, Thurman Avenue and Cleveland Avenue from Division Street to the alley just east of Main Street. The Internal Community Civic Event form was routed to City staff and included as an attachment to this report.

RECOMMENDATION: That the City Council authorize the temporary closure of Main Street from Morton Avenue to Putnam Avenue, and on Harrison Avenue, Thurman Avenue and Cleveland Avenue from Division Street to the alley just east of Main Street, on October 8, 2022, from 6:00 AM to 4:00 PM, during Pioneer Days.

ATTACHMENTS: 1. Internal Community Civic Event Application

2. Road Closure Diagram
Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: John Lollis, City Manager

Item No. 12.

CITY COUNCIL AGENDA – SEPTEMBER 6, 2022
SUBJECT: Approval of Community Civic Event - Central California Family Crisis Center, Inc. - 22nd Annual Domestic Violence Candlelight Vigil - October 20, 2022 SOURCE: Finance
COMMENT: The Central California Family Crisis Center, Inc. is requesting approval of its Community Civic Event Application to hold the 22nd Annual Domestic Violence Candlelight Vigil at Centennial Park on Thursday, October 20, 2022, from 4:00 p.m. to 8:30 p.m. October being Domestic Violence Awareness Month, the event is being held to commemorate the lives lost to domestic violence, and will include a resource fair with booths from several agencies providing information to the public, an art exhibit and a vigil program.

This request is made under the Community Civic Event Ordinance No. 1326, as amended. The Application has been routed according to the Ordinance regulations and reviewed by all City Departments involved. All requirements are listed on the attached copy of the Application and Agreement, Exhibit A, Exhibit B and Exhibit C.

RECOMMENDATION: That the City Council approve the Central California Family Crisis Center, Inc.'s application for Community Civic Event permit to hold the 22nd Annual Domestic Violence Candlelight Vigil on Thursday, October 20, 2022 at Centennial Park, subject to the restrictions and requirements contained in the Application and Agreement, Exhibit A, Exhibit B and Exhibit C.

ATTACHMENTS: 1. CCE 22nd Annual Domestic Violence Candlelight Vigil Appropriated/Funded:

Review By:

Department Director:

Maria Bemis, Finance Director
Final Approver: Fernando Gabriel-Moraga, Deputy City Clerk

Item No. 13.

CITY COUNCIL AGENDA – SEPTEMBER 6, 2022
SUBJECT: City of Porterville Conflict of Interest Code - 2022 Biennial Report and Proposed Amendment
SOURCE: Administrative Services
COMMENT:

Government Code Section 87300 et seq. sets forth provisions pertaining to the requirement of agencies to adopt a Conflict of Interest Code. The statute requires that during every even-numbered year, local agencies must submit to their Code reviewing body a biennial report which either identifies necessary amendments in its Code, or provides a statement which indicates no amendments are necessary. If it is determined that an amendment of the Code is necessary, said amendments are required to be submitted to the Code reviewing body for consideration and adoption within ninety (90) days of the report.

The City Council is the Code reviewing body for the City of Porterville, and the City Manager serves as the Administrative Supervisor of the Conflicts and Disclosure Monitor Agency. The City Manager, as Administrative Supervisor, has reviewed the City’s Conflict of Interest Code, and has proposed amendments to update the list of designated employees.

RECOMMENDATION: That the City Council:

1. Accept the Conflicts and Disclosure Monitor Agency 2022 Biennial Report; and

2. Direct staff to amend said report for Council's approval within ninety (90) days.

ATTACHMENTS: 1. Conflicts and Disclosure Monitor Agency Report - 2022 Biennial Report

2. Draft 2022 Conflict of Interest Code

3. Government Codes 87300-87314: Conflict of Interest
Codes

4. 2022 Designated Employees - Exhibit A
Appropriated/Funded:

Review By:

Department Director:

Patrice Hildreth, Deputy City Manager
Item No. 13.

Final Approver: John Lollis, City Manager

2022 CONFLICT OF INTEREST CODE OF THE
"CONFLICTS AND DISCLOSURE MONITOR AGENCY" OF THE

CITY OF PORTERVILLE
SECTION 1. Establishment. The City Council of the City of Porterville has heretofore established a Conflicts and Disclosure Monitor Agency (hereinafter "Agency") having jurisdiction as set forth herein over all officers, officials, and employees of the City. The City Manager shall be the Administrative Supervisor of such Agency with authority to act for and on behalf of such Agency. Such Agency shall not affect the duties, responsibilities, or chain of command of any Department, Board, or Commission except to administer and enforce the requirements, rules, and regulations set forth herein. The City Council shall be deemed the "Code Reviewing Body" of said Agency pursuant to the provisions of Section 87300 et seq. of the Government Code.

SECTION 2. Purpose. The Conflicts and Disclosure Monitor Agency of the City of Porterville hereby adopts this document as its "Conflict of Interest Code" in accordance with the requirements of the Political Reform Act of 1974.

SECTION 3. Designated Positions. The positions listed on Exhibit "A" attached hereto are designated positions. Officers and employees holding those positions are designated employees and are deemed, for the purposes of this Code, to make, or participate in the making of, decisions which may foreseeably have a material effect on any financial interest and for each such enumerated position, the specific types of investments, business positions, interests in real property, and sources of income which are reportable. An investment, business position, interest in real property, or source of income shall be made reportable by the Conflict of Interest Code if the business entity in which the investment or business position is held, the interest in real property, or the income or source of income may foreseeably be affected materially by any decision made or participated in by the designated employees by virtue of his or her position.

SECTION 4. Disclosure Statements. Each such designated employee shall file disclosure statements disclosing reportable investments, business positions, interests in real property, and income, to the

extent required by the Act, and on forms prescribed by the Fair Political Practices Commission and supplied by the City Clerk.

SECTION 5. Place and Time of Filing.

A. All designated employees required to file disclosure statements shall file same with the City Clerk, as Secretary to the Code Reviewing Body.

B. A designated employee required to submit a disclosure statement shall file their initial statement within thirty (30) days after the effective date of this Code disclosing reportable investments, business positions, and interests in real property held on the effective date of the Conflict of Interest Code and income received during the 12- months before the effective date of the Conflict of Interest Code.

C. Individuals hereafter appointed to designated positions shall file his or her initial statement within thirty (30) days after assuming office disclosing reportable investments, business positions, and interests in real property held on, and income received during the twelve (12) months before, the date of assuming office.

D. After the initial filing, each person holding a designated position, shall, on or before the first day of April of each calendar year, file an annual disclosure statement disclosing reportable investments, business positions, interests in real property and income held or received at any time during the previous calendar year, or since the date the designated employee took office if during the calendar year. Such annual statements shall cover the period of the preceding calendar year.

E. Every designated employee who leaves office shall file, within thirty (30) days of leaving office, a statement disclosing reportable investments, business positions, interests in real property and income held or received at any time during the period between the closing date of the last statement required to be filed and the date of leaving office.

F. Any designated employee who resigns their position within twelve (12) months following initial appointment or within thirty (30) days of the date of a notice mailed by the filing officer of the individual's filing obligation, whichever is earlier, is not deemed to assume or leave office, provided that during the period between appointment and resignation, the individual does not make, participate in making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. Within thirty (30) says of the date of a notice mailed by the filing officer, the individual shall do both of the following:

1. File a written resignation with the appointing power.

2. File a written statement with the filing officer on a form prescribed by the Commission and signed under the penalty of perjury stating that the individual during the period between appointment and resignation, did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position.

G. A designated employee required to file a statement of economic interest with any other public agency whose disclosure requirements are comparable hereto, may comply with the provisions of this Code by filing a duplicate copy of the statement filed with such other agency, in lieu of an entirely separate statement.

SECTION 6. Contents of Disclosure Statements. Disclosure statements shall be submitted on forms supplied by the City Clerk, and shall contain the following information:

A. Disclosure of Investment or Interest in Real Property.

1. When an investment or an interest in real property is required to be disclosed the statement shall contain:
a. A statement of the nature of the investment or interest;

b. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged;
c. The address or other precise location of the real property; d. A statement whether the fair market value of the investment or interest in real property equals or exceeds two thousand dollars ($2,000) but does not exceed ten thousand dollars ($10,000), whether it exceeds ten thousand dollars ($10,000) but does not exceed one hundred thousand dollars ($100,000), whether it exceeds one hundred thousand dollars ($100,000) but does not exceed one million dollars ($1,000,000), or whether it exceeds one million dollars ($1,000,000);
e. In the case of a statement filed under Government Code Sections 87203 or 87204, if the investment or interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the date of acquisition or disposal.
f. For purposes of disclosure, interest in real property does not include the principal residence of the filer or any other property which the filer utilizes exclusively as a personal residence of the filer.

B. Disclosure of Income.

1. When income is required to be reported the statement shall contain, except as provided in Government Code Section 87207(b):
a. The name and address of each source of income aggregating five hundred ($500) or more in value, or fifty dollars ($50) or more in value if the income was a gift, and a general description of the business activity, if any, of each source;
b. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was at least five hundred ($500) but did not exceed one thousand dollars ($1,000), whether it was in excess of one thousand dollars ($1,000) but not greater than ten thousand dollars ($10,000), whether it was in excess

of ten thousand dollars ($10,000) but not greater than one hundred thousand dollars ($100,000), or whether it was greater than one hundred thousand dollars ($100,000);
c. A description of the consideration, if any, for which the income was received;
d. In the case of a gift, the amount and the date on which the gift was received;
e. In the case of a loan, the annual interest rate and the security, if any, given for the loan, and the term of the loan.

2. When the filer's pro rata share of income to a business entity, including income to a sole proprietorship, is required to be reported, the statement shall contain:
a. The name, address, and a general description of the business activity of the business entity;
b. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than ten thousand dollars ($10,000) during a calendar year.

3. When a payment, including an advance or reimbursement, for travel is required to be reported pursuant to this section, it may be reported on a separate travel reimbursement schedule which shall be included in the filer's statement of economic interest. A filer who chooses not to use the travel schedule shall disclose payments for travel as a gift, unless it is clear from all surrounding circumstances that the services provided were equal to or greater in value than the payments for the travel, in which case the travel may be reported as income.

4. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which he or she is a director, officer, partner, trustee, employee, or in which he or she holds any position of management, or as to which he or she is a paid consultant, a

description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. If the business entity or any parent, subsidiary, or otherwise related business entity has an interest in real property in the jurisdiction, or has done business, or plans to do business in the jurisdiction at any time during the two years prior to the date of the statement, it is required to be filed.

5. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired to disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal;
SECTION 7. Prohibition on Receipt of Honoraria. No member of the City Council or candidate for the office of City Council shall accept any honorarium. No designated employee shall accept any honorarium from any source if the employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. Subdivisions (b) of Government Code Section 89502 shall apply to the prohibitions in this section. This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Government Code Section 89506.

SECTION 8. Prohibition on Receipt of Gifts in Accordance with Government Code Section 89503.

No member of the City Council, candidate for the office of City Council, or designated employee shall accept any gifts with a total value of more than the statutory annual limit in a calendar year from any single source, as adjusted biennially pursuant to Section 89503(f).

SECTION 9. Disqualification. No designated employee shall make, participate in making, or in any way attempt to use his or her official position to influence the making of any governmental decision which he or she knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the employee or a member of his or her immediate family or on:

A. Any business entity in which the designated employee has a direct or indirect investment worth two thousand dollars ($2,000) or more; B. Any real property in which the designated employee has a direct or indirect interest worth two thousand dollars ($2,000) or more;
C. Any source of income, other than gifts or loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating five hundred dollars ($500) or more in value provided to, received by or promised to the designated employee within twelve (12) months prior to the time when the decision is made;
D. Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or E. Any donor of, or any intermediary or agent for a donor of, a gift or gifts in an aggregate amount of the limit or more as specified in Government Code Section 89503 (as adjusted biennially by State law) provided to, received by, or promised to the designated employee within twelve (12) months prior to the time when the decision is made.

F. No designated employee shall be prevented from making or participating in the making of any decision to the extent his or her participation is legally required for the decision to be made. The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make his or her participation legally required for purposes of this section.

G. For purposes of this Section, indirect investment or interest means any investment or interest owned by the spouse or dependent child of a designated employee, by an agent on behalf of a designated employee, or by a business entity or trust in which the

employee, the employee’s agents, spouse, and dependent children own directly, indirectly, or beneficially a 10-percent interest or greater.

1. Notwithstanding subdivision (c) of Government Code Section 87103, a retail customer of a business entity engaged in retail sales of goods or services to the public generally is not a source of income to a designated employee who owns a 10-percent or greater interest in the entity if the retail customers of the business entity constitute a significant segment of the public generally, and the amount of income received by the business entity from the customer is not distinguishable from the amount of income received from its other retail customers.

SECTION 10. Manner of Disqualification. When a designated employee determines that he or she should not make a governmental decision because he or she has a disqualifying interest in it, the determination not to act must be accompanied by disclosure of the disqualifying interest. In the case of a designated employee who is the head of an agency, this determination and disclosure shall be made in writing to his or her appointing authority; and in the case of other designated employees, this determination and disclosure shall be made in writing to the designated employee's supervisor. This notice shall be forwarded to the Administrative Supervisor, who shall record the employee's disqualification. Upon receipt of such statement, the Administrative Supervisor shall immediately arrange for the matter to be reassigned to another employee.

SECTION 11. Interpretation. In the event of any ambiguity in these rules as to interpretation, construction, or applicability, the Administrative Supervisor shall, by written instrument, clarify such ambiguity. Any designated employee who is unsure of his or her duties under this Code may request assistance from the Fair Political Practices Commission pursuant to Government Code Section 83114, or from the City Attorney, provided that nothing in this section requires the attorney for the City to issue any formal or informal opinion.

SECTION 12. Violation. Violation of any provision of this Code, including: (1) willful failure to file, or timely file, any requisite Disclosure Statement, (2) willful failure to disclose any financial or other

interest required to be disclosed in such Disclosure Statement, or (3) filer's willful failure to disqualify himself or herself as required herein, shall be grounds for discipline or removal from office, pursuant to Government Code Section 91003.5. Upon ascertaining any such violation, the Administrative Supervisor shall report the same to the appointing official for appropriate proceedings. Such violation shall not, however, invalidate or otherwise affect any decision or action to which such violations might relate. Designated employees violating any provision of this Code are subject to the administrative, criminal and civil sanctions provided in the Act, Government Code Sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this Code or of Government Code Section 87100 or 87450 has occurred may be set aside as void pursuant to Government Code Section 91003.

SECTION 13. Effective Date. The City of Porterville Conflict of Interest Code, and any amendments to said Code, shall become effective immediately upon passage and approval by the City Council.

Adopted this ____ day of September, 2022.

CONFLICTS AND DISCLOSURE MONITOR AGENCY
________________________________________
John D. Lollis, Administrative Supervisor

2022 DESIGNATED EMPLOYEES*
EXHIBIT "A"
A. ADMINISTRATION:

Deputy City Manager
B. DEPARTMENT DIRECTORS:

Administrative Services Director
Community Development Director
Engineering & Project Management Director
Fire Chief
Parks and Leisure Services Director
Police Chief
Public Works Director
C. DEPARTMENTAL EMPLOYEES AS FOLLOWS:

Community Development Department:

Community Development Manager
Economic Development & Housing Manager
Senior Planner
Associate Planner
Engineering & Project Management Department:

Deputy Engineering & Project Management Director/City Engineer Construction/Project Manager
Chief Building Inspector
Building Inspector II
Building Inspector I
Engineering Inspector II
Engineering Inspector I
Public Works Inspector I
Finance Department:

Information Technology Manager
Administrative Analyst
Fire Department:

Deputy Fire Chief
Battalion Chief
Fire Marshall
Code Enforcement Officer II
Code Enforcement Officer I

Parks & Leisure Services Department
City Librarian
Parks Superintendent
Police Department:

Police Captain
Police Lieutenant
Public Works Department
Deputy Public Works Director/Field Services Manager
Assistant City Engineer
Chief Building Inspector
Building Inspector
Public Works Inspector
Field Services Superintendent – Laboratory
Field Services Superintendent – Shop Maintenance
Field Services Superintendent – Streets
Field Services Superintendent – Refuse
Field Services Superintendent – Water
Field Services Superintendent - WWTF
D. CONSULTANTS: Consultants shall disclose pursuant to the broadest disclosure category in the Code subject to the following limitations:

The Administrative Supervisor may determine in writing that a particular consultant, although a "designated position", is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The Administrative Supervisor's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. * This designation does not include the following City officials or employees required to report their financial interests pursuant to Article 2 of Chapter 7 of the Act, Government Code Sections 87200, et seq.:
a. City Council Members
b. City Manager
c. City Attorney
d. Finance Director
Item No. 14.

CITY COUNCIL AGENDA – SEPTEMBER 6, 2022
SUBJECT: Amendment to Employee Pay and Benefit Plan - Porterville Peace Officers Association
SOURCE: Administrative Services
COMMENT:

Within the scope of the Meyers-Milias-Brown Act, City representatives have concluded labor negotiations with the Porterville Peace Officers Association ("PPOA"). City representatives and PPOA have reached an agreement, and a written Memorandum of Understanding ("MOU") has been executed restating current benefits as well as amendments pertaining to wages, benefits and working conditions.

City Council acceptance and approval of an executed MOU is most commonly demonstrated by Council authorization to change or amend, when applicable, those documents that are necessary to implement the points of agreement contained in the MOU.

RECOMMENDATION: That the City Council:

1. Adopt the draft Resolution approving the negotiated changes within Porterville Peace Officers Association's MOU; and

2. Direct staff to amend all other documentation as may be necessary to document and implement said negotiated changes.

ATTACHMENTS: 1. Draft Resolution
Appropriated/Funded:

Review By:

Department Director:

Patrice Hildreth, Deputy City Manager
Final Approver: John Lollis, City Manager

RESOLUTION NO. ___-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PORTERVILLE AMENDING THE EMPLOYEE PAY AND BENEFIT PLAN

PERTAINING TO PORTERVILLE PEACE OFFICERS ASSOCIATION EMPLOYEES WHEREAS, the City Council has determined and reiterated that an Employee Pay and Benefit Plan, Classification Plan, Personnel System Rules and Regulations, Health Plan and Retirement Plan are essential for the proper administration of the City’s affairs, including employee recruitment and retention, and for proper supervision of City Employees; and WHEREAS, the City Council recognizes the necessity of amending and/or changing the contents of such plans and regulations from time to time, and of executing instruments to implement and to keep the provisions thereof current, and to maintain the relevancy of the same; and
WHEREAS, there has been concurrence on a Memorandum of Understanding with the Porterville Peace Officers Association (“PPOA”) for the period from July 1, 2022, until June 30, 2025, covering provisions to amend the Employee Pay and Benefit Plan, as they relate to employees holding positions represented by such recognized employee organization.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Porterville that the Employee Pay and Benefit Plan for employees holding positions represented by the aforementioned recognized employee organization, is hereby amended as follows:

I. Term:

The term of the Memorandum of Understanding shall be three (3) years, from July 1, 2022 through June 30, 2025.

II. Salary:

Effective July 1, 2022, MCS employees shall receive a five percent (5%) salary increase.

Effective July 1, 2023, MCS employees shall receive a two percent (2%) salary increase.

Effective July 1, 2024, MCS employees shall receive a two percent (2%) salary increase.

Resolution No. ___-2022

III. Employee Service Awards:

Effective June 1, 2022, the Employee Service Awards section of the City of Porterville Employee Pay & Benefit Plan (Section III (P)), shall be amended as follows:

In an effort to retain and reward existing employees for their loyal continuous service, and to effectively attract and recruit new employees to the City of Porterville, all regular full-time employees, including provisional employees, and part-time employees who work 1560 hours or more annually, shall be eligible to receive Employee Service Awards for continuous years of service to the City of Porterville, as follows:

Years of
Continuous Service Award Amount
5 $5,000
10 $5,000
15 $5,000
20 $5,000
25 $5,000
30 $5,000
35 $5,000
40 $5,000
Payments shall be made to employee during the quarter during which the employee’s anniversary date falls, in five year increments as identified above. Employee must work the full five year increment to be eligible for said pay.

Only continuous, uninterrupted service with the City of Porterville is eligible for award.

Should an employee leave the service of the City of Porterville and then subsequently return, the employee’s years of service shall reset to zero.

Service as a probationary employee and/or provisional employee is eligible. Part-time employees who work twelve (12) months per year, for a minimum of 1560 hours annually in consecutive years for continuous years of service are eligible.

Employees with at least five (5) continuous years and up to forty (40) continuous years of service with the City of Porterville as of the date that this Memorandum of Understanding is fully executed and officially accepted, will be acknowledged and eligible to receive their Employee Service Award effective the pay-period after the MOU is fully executed and officially accepted, or as soon thereafter as possible.

Subsequent to the initial payments made pursuant to this amended Employee Service Award benefit, payments shall be made on a quarterly basis as defined herein.

Resolution No. ___-2022

IV. Holidays:

Effective immediately, Sections III(F) and III (H) 4 of the Employees Pay & Benefit Plan shall be amended to add Martin Luther King Day as a recognized municipal holiday for which city offices shall be closed.

V. Take-Home City Vehicles:

Effective the first pay period following ratification and adoption of the Successor MOU by the City Council, PPOA employees assigned to K-9 and SWAT duty shall be eligible for a take-home vehicle, provided said employee resides within 40 miles of the Porterville Police Department located at 350 North D Street, Porterville.

VI. Operational Details:

Effective the first pay period following ratification and adoption of the Successor MOU by the City Council, shift selection for both intervals shall be changed to take place in December each year instead of January.

VII. Call Back/Call Out
Effective the first pay period following ratification and adoption of the Successor MOU by the City Council, if an employee is called back or called out to work, the employee shall be paid for a minimum of four (4) hours at the rate of one and one-half (1 ½ ) times the employee’s regular rate of pay, in accordance with overtime pay provisions.

VIII. Shift Differential:

Effective the first pay period following ratification and adoption of the Successor MOU by the City Council, shift differential pay of five percent (5%) of base salary shall be paid to PPOA employees formally assigned to night shift, including those assigned to NCSU shift of 6:00 P.M. to 6:00 A.M.

IX. Additional Pay and/or Specialty Pay
Effective the first pay period following ratification and adoption of the MOU by the City Council, due to the additional education associated with this assignment, PPOA employees assigned to the UAV/Drone Unit shall receive specialty pay of five percent (5%) of base salary. PPOA Employees assigned to this unit are subject to call out.

In the event a PPOA employee is assigned to more than one specialty assignment, stacking of percentages for specialty pay is permitted, with a twelve percent (12%) cap, except for concurrent assignments to SWAT/HNT and MAIT. The twelve (12%) cap does not apply to K-9.

To the extent permissible by California law and Labor Code Section 4850, payment of all Specialty pay to a PPOA employee with the exception of K9 pay, shall be suspended in the event the employee is off duty for any reason, including for a work-related or nonwork-related injury, for a period of time of sixty (60) days or longer. At such time as the employee returns to work, the applicable Specialty Pay shall be reinstated effective as of the date of return to active duty.

Resolution No. ___-2022

X. Uniform Allowance
Effective the first pay period following ratification and adoption of the Successor MOU, the Department’s Uniform and Safety Equipment Allowance shall be increased to $1,200 annually to be paid in 24 equal installments.

XI. 2025/2026 Negotiations:

Labor negotiations for the 2025/2026 Fiscal Year shall begin no later than March 1, 2025.

XII. Statement of Continuing Benefits and Working Conditions:

All other terms and conditions previously negotiated and subsequently approved and implemented by appropriate authority shall, unless herein expressly modified or eliminated, remain in full force and effect until such time as they are subsequently modified or eliminated through the meet and confer process and mutually agreed upon by the City and PPOA.

BE IT FURTHER RESOLVED that the Mayor of the City of Porterville is hereby authorized to execute those documents as are necessary to implement the provisions hereof.

PASSED, APPROVED AND ADOPTED this ____ day of September, 2022. ____________________________________
Martha A. Flores, Mayor
ATTEST:

John Lollis, City Clerk
By: ______________________________
Patrice Hildreth, Chief Deputy City Clerk
Item No. 15.

CITY COUNCIL AGENDA – SEPTEMBER 6, 2022
SUBJECT: Amendment to Employee Pay and Benefit Plan - Fire Officer Series SOURCE: Administrative Services
COMMENT: Within the scope of the Meyers-Milias-Brown Act, City representatives have concluded labor negotiations with the Fire Officer Series (FOS). City representatives and FOS have reached an agreement, and a written Memorandum of Understanding (MOU) has been executed restating current benefits as well as amendments pertaining to wages, benefits and working conditions.

City Council acceptance and approval of an executed MOU is most commonly demonstrated by Council authorization to change or amend, when applicable, those documents that are necessary to implement the points of agreement contained in the MOU.

RECOMMENDATION: That the City Council approve the draft Resolution amending the Employee Pay and Benefit Plan pertaining to the Fire Officer Series employees.

ATTACHMENTS: 1. Draft Resolution
Appropriated/Funded:

Review By:

Department Director:

Patrice Hildreth, Deputy City Manager
Final Approver: John Lollis, City Manager

RESOLUTION NO. ___-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PORTERVILLE AMENDING THE EMPLOYEE PAY AND BENEFIT PLAN

PERTAINING TO FIRE OFFICER SERIES EMPLOYEES
WHEREAS, the City Council has determined and reiterated that an Employee Pay and Benefit Plan, Classification Plan, Personnel System Rules and Regulations, Health Plan and Retirement Plan are essential for the proper administration of the City’s affairs, including employee recruitment and retention, and for proper supervision of City Employees; and WHEREAS, the City Council recognizes the necessity of amending and/or changing the contents of such plans and regulations from time to time, and of executing instruments to implement and to keep the provisions thereof current, and to maintain the relevancy of the same; and
WHEREAS, there has been concurrence on a Memorandum of Understanding with the Fire Officer Series (“FOS”) for the period from July 1, 2022, through June 30, 2025, covering provisions to amend the Employee Pay and Benefit Plan, as they relate to employees holding positions represented by such recognized employee organization.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Porterville that the Employee Pay and Benefit Plan for employees holding positions represented by the aforementioned recognized employee organization, is hereby amended as follows:

I. TERM
Three (3) years, from July 1, 2022 through June 30, 2025.

II. SALARY
Effective July 1, 2022, FOS employees shall receive a five percent (5%) salary increase.

Effective July 1, 2023, FOS employees shall receive a two percent (2%) salary increase.

Effective July 1, 2024, FOS employees shall receive a two percent (2%) salary increase.

III. COMPENSATORY TIME ACCRUAL
Effective the next full pay period upon both ratification and adoption by the City Council, the compensatory accrual cap shall increase from 112 to 168 hours for employees assigned to a 56-hour per week shift, and increase from 80 to 120 hours for employees assigned to an administrative staff position of 40-hour work weeks.

Resolution No. __-2022

IV. TRAINING BUDGET
Effective the next full pay period upon both ratification and adoption by the City Council, the training allowance for FOS employees shall increase by $200 for a total of $1000 per calendar, which shall be prorated for the 2022 calendar year.

V. LIFE INSURANCE POLICY
Life Insurance policies for all FOS employees shall increase from $50,000 to $100,000.

VI. CERTIFICATION PAY
Effective the next full pay period upon both ratification and adoption by the City Council, FOS Employees are eligible for certification pay for the following certifications:
5% Chief Officer Certification through Office of State OSFM and/or all education and instruction that is required by OSFM, with exception of the Chief Officer Task Book.
• Have a minimum of two (2) years’ experience at the officer level. 5% Instructor 1 Certification or Fire and Emergency Services Instructor 1 Certification

2.5% Hazmat Specialist Certification

2.5% Hazmat Technician Certification
Certification Pay will be capped at 12.5%
VII. SPECIALTY PAY
Effective the next full pay period upon both ratification and adoption by the City Council, FOS Employees are eligible for specialty pay for the following assignments:
2% Assignment to Fire Investigation Unit (FIU)
• Must complete Fire Investigator Certification within 18 months of appointment.
5% Fire Investigator Certification and member of FIU
To the extent permissible by California law, payment of Specialty pay to a FOS employee shall be suspended in the event the employee is off duty for any reason, including for a work-related or non-work-related injury, for a period of time of sixty (60) days or longer. At such time as the employee returns to work, the applicable Specialty Pay shall be reinstated effective as of the date of return to active duty.

Resolution No. __-2022

VIII. EMPLOYEE SERVICE AWARDS
Effective June 1, 2022, the Employee Service Awards section of the City of Porterville Employee Pay & Benefit Plan (Section III (P)), shall be amended as follows:

In an effort to retain and reward existing employees for their loyal continuous service, and to effectively attract and recruit new employees to the City of Porterville, all regular full-time employees and part-time employees who work 1560 hours or more annually, shall be eligible to receive Employee Service Awards for continuous years of service to the City of Porterville, as follows:

Years of
Continuous Service Award Amount
5 $5,000
10 $5,000
15 $5,000
20 $5,000
25 $5,000
30 $5,000
35 $5,000
40 $5,000
Payments shall be made to employee during the quarter in which the employee’s anniversary date falls, in five year increments as identified above. Employee must work the full five year increment to be eligible for said pay.

Only continuous, uninterrupted service with the City of Porterville is eligible for award. Should an employee leave the service of the City of Porterville and then subsequently return, the employee’s years of service shall reset to zero.

Service as a probationary employee is eligible. Part-time employees who work twelve (12) months per year, for a minimum of 1560 hours annually in consecutive years for continuous years of service are eligible.

Employees with at least five (5) continuous years and up to thirty (30) continuous years of service with the City of Porterville as of the date that this Memorandum of Understanding is fully executed and officially accepted, will be acknowledged and eligible to receive their Employee Service Award effective the pay-period after the MOU is fully executed and officially accepted, or as soon thereafter as possible.

Subsequent to the initial payments made pursuant to this amended Employee Service Award benefit, payments shall be made on a quarterly basis as defined herein.

Resolution No. __-2022

IX. HOLIDAYS
Effective immediately, Section III (F) of the Employees Pay & Benefit Plan shall be amended to add Martin Luther King Day as a recognized municipal holiday for which city offices shall be closed.

X. VACATION SCHEDULING LANGUAGE
Effective immediately, amend the last paragraph in the section “Vacation/Vacation Scheduling” of the MOU to the following:

Subsequent, supplemental vacation requests may be made throughout the year. Supplemental vacation requests will allow for 2 personnel to be off on vacation at any given time. Such requests shall be submitted not more than 30 days, and not less than 48 hours, prior to the date of the requested vacation. Emergency vacations may be granted on a case-by-case basis, with the approval of the Chief or his designee.

XI. UNIFORM ALLOWANCE
Effective the next full pay period upon both ratification and adoption by the City Council, the Department’s Uniform and Safety Equipment Allowance shall be paid in 24 equal installments.

XII. 2025/2026 NEGOTIATIONS
Labor Negotiations for the 2025/2026 fiscal year shall begin no later than March 1, 2025.

XIII. STATEMENT OF CONTINUING BENEFITS AND WORKING CONDITIONS All other terms and conditions previously negotiated and subsequently approved and implemented by appropriate authority shall, unless herein expressly modified or eliminated, remain in full force and effect until such time as they are subsequently modified or eliminated through the meet and confer process and mutually agreed upon by the City and FOS.

BE IT FURTHER RESOLVED that the Mayor of the City of Porterville is hereby authorized to execute those documents as are necessary to implement the provisions hereof.

PASSED, APPROVED AND ADOPTED this 6th day of September, 2022. ____________________________________
Martha A. Flores, Mayor
ATTEST:

John Lollis, City Clerk
Resolution No. __-2022

By: ______________________________
Fernando Gabriel-Moraga
Deputy City Clerk
Item No. 16.

CITY COUNCIL AGENDA – SEPTEMBER 6, 2022
SUBJECT: Approval of Side Letter Agreement Concerning Porterville City Employees Association, Public Safety Support Unit, and Management & Confidential Series
SOURCE: Administrative Services
COMMENT: In early August 2022, the City of Porterville and PCEA, PSSU, and MCS reached agreement on their respective Memoranda of Understanding (“MOUs”), which were formally approved and accepted by the City Council at its meeting on August 16, 2022. Subsequent to said approval and acceptance, the Council took action to authorize an amendment to the Employee Service Awards benefit, an item contained within the recently negotiated and approved MOUs. The amendment extended eligibility for the benefit to up to forty (40) years of service with the City of Porterville.

City representatives and representatives from PCEA, PSSU and MCS have met and conferred and reached concurrence via a Side Letter Agreement on the proposed amendment. A draft Resolution is herein provided for Council's consideration to effectuate amending the Employee Pay & Benefit Plan.

RECOMMENDATION: That the City Council adopt the draft Resolution approving the Side Letter Agreement modifying the Employee Service Award benefit for employees within Porterville City Employees Association, Public Safety Support Unit, and Management & Confidential Series.

ATTACHMENTS: 1. Draft Resolution
Appropriated/Funded:

Review By:

Department Director:

Patrice Hildreth, Deputy City Manager
Final Approver: John Lollis, City Manager

RESOLUTION NO. ___-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PORTERVILLE APPROVING A SIDE LETTER AGREEMENT

BETWEEN THE CITY OF PORTERVILLE AND
PORTERVILLE CITY EMPLOYEES ASSOCIATION (“PCEA”)
PUBLIC SAFETY SUPPORT UNIT (“PSSU”) AND
MANAGEMENT & CONFIDENTIAL SERIES (“MCS”)

AMENDING THE EMPLOYEE PAY AND BENEFIT PLAN

PERTAINING TO EMPLOYEE SERVICE AWARDS
WHEREAS, the City Council has determined and reiterated that an Employee Pay and Benefit Plan, Classification Plan, Personnel System Rules and Regulations, Health Plan and Retirement Plan are essential for the proper administration of the City’s affairs, including employee recruitment and retention, and for proper supervision of City Employees; and WHEREAS, the City Council recognizes the necessity of amending and/or changing the contents of such plans and regulations from time to time, and of executing instruments to implement and to keep the provisions thereof current, and to maintain the relevancy of the same; and
WHEREAS, in early August 2022, the City of Porterville and PCEA, PSSU, and MCS reached agreement on their respective Memoranda of Understanding (“MOU”), which were formally approved and accepted by the Porterville City Council on August 16, 2022; and WHEREAS, subsequent to said approval and acceptance, the Porterville City Council took action to authorize an amendment to the Employee Service Awards benefit, an item contained within the recently negotiated and approved MOUs; and WHEREAS, there has been concurrence on a Side Letter Agreement with PPCEA, PSSU and MCS to amend the Employee Service Awards section of the Employee Pay and Benefit Plan.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Porterville that the Employee Pay and Benefit Plan for employees holding positions represented by the Resolution No. ___-2022

aforementioned recognized employee organization, is hereby amended as follows:

Effective June 30, 2022, Section III (P) of the City’s Employee Pay & Benefit Plan shall be amended to extend the recognition of service from up to thirty (30) years, to up to forty (40) years, allowing for an additional $5,000 after thirty-five (35) continuous years of service, and another $5,000 after forty (40) continuous years of service with the City of Porterville. All other aspects of this benefit remain the same. The recognized years of service, as amended, are:

Years of
Continuous Service Award Amount
5 $5,000
10 $5,000
15 $5,000
20 $5,000
25 $5,000
30 $5,000
35 $5,000
40 $5,000
All other terms and conditions previously negotiated and subsequently approved and implemented by appropriate authority shall, unless herein expressly modified or eliminated, remain in full force and effect until such time as they are subsequently modified or eliminated through the meet and confer process and mutually agreed upon by the City and bargaining units.

BE IT FURTHER RESOLVED that the Mayor of the City of Porterville is hereby authorized to execute those documents as are necessary to implement the provisions hereof.

PASSED, APPROVED AND ADOPTED this 6th day of September, 2022. ____________________________________
Martha A. Flores, Mayor
ATTEST:

John Lollis, City Clerk
By: ______________________________
Patrice Hildreth, Chief Deputy City Clerk
Item No. 17.

CITY COUNCIL AGENDA – SEPTEMBER 6, 2022
SUBJECT: Reaffirm Conditions of State Assembly Bill 361 to Continue Remote Attendance at Public Meetings
SOURCE: City Manager's Office
COMMENT:

During the prior eighteen (18) months, the City Council and its legislative bodies have conducted teleconferencing meetings as allowed pursuant to a series of Executive Orders, the most recent which expired on September 30, 2021 (Executive Order N-08-021, issued June 11, 2021), which waived all physical presence requirements under the Brown Act as a means of limiting the spread of COVID-19. Pursuant to adopted State law effective September 30, 2021, Assembly Bill 361 (AB 361), extends the authority of public agencies to conduct meetings by teleconference, including video conference, without compliance with all of the Brown Act's limitations on such meetings, which the status of emergency resulting from the COVID-19 pandemic and accompanying recommendations for social distancing remain in place. Consistent with AB 361, the Council must adopt a Resolution consistent with the Governor's State of Emergency, and must review and renew such Resolution every thirty (30) days thereafter. AB 361 will sunset on January 1, 2024. The Council last adopted its Resolution consistent with AB 361 at its meeting on August 16, 2022.

RECOMMENDATION: That the City Council consider adoption of the draft Resolution to continue allowing the option to participate in the City's public meetings remotely through the use of the teleconferencing provisions of AB 361.

ATTACHMENTS: 1. Draft Resolution
Appropriated/Funded:

Review By:

Department Director:

John Lollis, City Manager
Final Approver: John Lollis, City Manager
RESOLUTION _____-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

RATIFYING THE PROCLAMATION OF A STATE OF EMERGENCY BY ASSEMBLY BILL 361 ISSUED ON SEPTEMBER 16, 2021, AND AUTHORIZING REMOTE

TELECONFERENCE MEETINGS OF ALL LEGISLATIVE BODIES OF THE CITY OF PORTERVILLE FOR THE PERIOD OF THIRTY (30) DAYS PURSUANT TO BROWN

ACT PROVISIONS
WHEREAS, the City Council is committed to preserving and nurturing public access and participation in meetings of all City of Porterville legislative bodies; and, WHEREAS, all meetings of the City’s legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950-54963), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and,
WHEREAS, the Brown Act, Government Code section 54953(e), makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(s), subject to the existence of certain conditions; and, WHEREAS, a required condition is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and, WHEREAS, a proclamation is made when there is an actual incident, threat of disaster, or extreme period to the safety of persons and property within the jurisdictions that are within the City’s boundaries, caused by natural, technological, or humancaused disasters; and, WHEREAS, it is further required that State or local officials have imposed or recommended measures to promote social distancing, or, the legislative body meeting in person would present imminent risks to the health and safety of attendees; and, WHEREAS, a State of Emergency has been proclaimed by the Governor of the State of California; and,
WHEREAS, State and local officials continue to promote social distancing measures and City’s conference chambers limited capacity would present imminent risk to health and safety of attendees; and,
WHEREAS, as a consequence of the State emergency, the City does hereby find that the legislative bodies of the City shall conduct their meetings without compliance with paragraph three (3) of subdivision (b) of Government Code section 54953, as authorized by subdivision (e) of section 54953, and that such legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in paragraph two (2) of subdivision (c) of section 54953; and, WHEREAS, the City will give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body; and, WHEREAS, the legislative body will not take any further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored; and,
WHEREAS, the legislative body will not require public comments to be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time; and,
WHEREAS, the legislative body will not close the public comment until the public comment period has elapsed or until a reasonable amount of time has elapsed as specified.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Porterville as follows:

SECTION 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference; and, SECTION 2. Ratification of Governor’s Proclamation of a State of Emergency.

The City hereby ratifies the Governor of the State of California’s Proclamation of March 2, 2020; and,
SECTION 3. Remote Teleconference Meetings. The City Manager and legislative bodies of City of Porterville are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, conducting open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act; and, SECTION 4. Effective Date of Resolutions. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of October 6, 2022, or such time the Council adopts a subsequent Resolution in accordance with Government Code section 54953 (e)(3) to extend the time during which the legislative bodies of City of Porterville may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.

PASSED, APPROVED, AND ADOPTED this 6th day of September, 2022.

Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk
By:

Patrice Hildreth, Chief Deputy City Clerk
Item No. 18.

CITY COUNCIL AGENDA – SEPTEMBER 6, 2022
SUBJECT: Status and Review of Local Emergency: Drought
SOURCE: City Manager's Office
COMMENT:

At its meeting of May 5, 2015, the City Council took action to approve a Resolution Declaring a Drought Emergency in the City of Porterville. At its meeting of August 16, 2022, the Council reviewed the status of existence of local emergency, and acted to continue its Resolution of local emergency.

Governor Brown issued Executive Order B-29-15 on Wednesday, April 1, 2015, which established drought-related mandates and restrictions in addition to those already stipulated in previous Executive Orders B-26-14 and B-28-14. Of significance, the Governor directed the State Water Resources Control Board to impose restrictions to achieve a statewide twenty-five percent (25%) reduction in potable urban water usage through February 28, 2016, in comparison to the amount used in 2013, and with consideration given to per capita usage as a basis. The Governor further directed the Board to impose additional restrictions on commercial, industrial, and institutional properties with significant landscaping (cemeteries, golf courses, parks, schools, etc.), to also achieve a twenty-five (25%) reduction in potable water usage. Also of significance, the Board was directed to prohibit irrigation with potable water outside of newly constructed homes and buildings that is not delivered by drip or micro-spray systems.

On November 13, 2015, Governor Brown issued Executive Order B-36-15, which extends emergency conservation regulations through October 2016, if drought conditions persist through January 2016. On February 2, 2016, the State Water Resources Control Board adopted extended emergency water conservation regulations, to be in effect March 1 through October 31, 2016.

The City of Porterville benefited somewhat from the extended regulations as the City's water conservation rate has been reduced from thirty-two percent (32%) to twenty-six percent (26%), due to new water connections that have been made and population served (4%), as well as a new climate adjustment factor that was considered (2%).

On May 9, 2016, Governor Brown issued Executive Order B-37-16 ("Making Water Conservation a California Way of Life"), which directs the State Water Resources Control Board to establish new regulations making permanent the emergency conservation regulations. On May 18, 2016, the State Water Resources Control Board adopted a statewide water conservation approach that replaces the percentage reduction-based water conservation standard with a Item No. 18.
localized "stress test" approach that mandates urban water suppliers act immediately to ensure at least a three-year supply of water to their customers under continued drought conditions.

On April 7, 2017, Governor Brown issued Executive Order B-40-17, which ended the drought state of emergency in most of California, with the exception of Fresno, Kings, Tulare and Tuolumne counties where emergency water supply and reliability projects are continuing toward addressing diminishing groundwater supplies. The Order maintains monthly reporting requirements and prohibitions on wasteful practices.

On May 31, 2018, Governor Brown signed both AB 1668 (Friedman) and SB 606 (Hertzberg), which set permanent overall targets for indoor and outdoor water consumption. The legislation sets an initial limit for indoor water use of fifty-five (55) gallons per-person per-day in 2022, reducing to 52.5 gallons perperson per-day in 2025, and finally to fifty (50) gallons per-person per-day in 2030. The amount of residential outdoor use is yet-to-be determined, but will allow for varying regional climates. In addition, a standard for water loss due to leak rates in water system pipes will be established. As an urban water provider, the City will need to submit its plan for compliance for approval by the State Water Resources Control Board.

On March 5, 2021, Secretary Vilsack of the United States Department of Agriculture federally-designated Tulare County as a primary natural disaster area due to ongoing drought conditions. On April 21, 2021, Governor Newsom issued a State of Emergency Proclamation due to drought conditions, including Tulare County. On April 27, 2021, the Tulare County Board of Supervisors adopted a Resolution Proclaiming a Local Emergency due to severe drought conditions. On January 4, 2022, the State Water Resources Control Board adopted emergency regulations to supplement voluntary water conservation.

On March 28, 2022, Governor Newsom issued Executive Order N-7-22, that requires the state's largest water providers (including the City of Porterville) to put in place "Level 2" of water shortage contingency plans, which the City is currently in "Level 4." On June 10, 2022, the State Water Resources Control Board adopted emergency regulations to prohibit the watering of nonfunctional or purely decorative grass in commercial, industrial or institutional properties with potable water.

Initially within the city of Porterville, twenty-six (26) residences within the city were determined to have dry wells, for which City staff submitted a Mutual Aid Request to Tulare County OES to initiate the household tank program for identified properties within the city where wells are dry and challenged for permanent connection. The State has committed funding for non-profit agencies to continue drought-related activities, which Self-Help Enterprises has continued the household tank program locally, through State Cleanup and Abatement Account (CAA) emergency funds.

Representatives for the City, County, State (CalOES, DDW, DWR, and SWB) Item No. 18.
and non-profit partners continued to meet in support of the long-term permanent water connection project for the entire East Porterville area and the estimated 1,800 expected future connections. DWR identified 423 residential units in the East Porterville area (381 of which are in the City's Urban Development Boundary), that were served by the County's Household Tank Program and desired by the State to be connected to the City's water distribution system as soon as possible. DWR has completed a significant City waterline extension project to permanently connect those 423 residential units to the City's water system (considered Phase I of the project). To provide initial source water for the DWR extension project, CalOES desired to expeditiously connect the new well on Olive Avenue to the City's water system instead of being first equipped as a filling station. Given the new well has an estimated water production value of 800 gallons per minute, as well as a SWB assumed 1.5 gallons per minute per residence, the new well could effectively serve up to five hundred (500) single-family residential units. The City indicated its significant interest that the E. Vandalia Avenue area and its eighty (80) residential units be included in the water connection project, to which the State was agreeable.

Given CalOES has paid for the development of the new well, and its connection to the City's water system, the City will be required under "Drought Redundancy and Resiliency Provisions" to make available to the State up to three million gallons of water per month without charge for emergency purposes. On May 7, 2022, Tulare County OES notified the City that due to deteriorating conditions across the county involving small water systems dependent upon the Friant-Kern Canal that may result in the complete lack of water or "Do Not Drink" orders, the State and County may have to invoke the provision of water from the well.

To proceed with the connection of the new well to the City's water system and the 500 East Porterville and E. Vandalia Avenue residential units, the City Council approved modifications to the Draft Agreement between the City and County at its meeting on April 5, 2016, which the County Board of Supervisors subsequently approved at their meeting on May 10, 2016.

A Memorandum of Understanding between the State, County, and City on the East Porterville permanent water connection project was approved by the Council during a Special Meeting on Tuesday, June 21, 2016, and approved by the Board of Supervisors on Tuesday, June 28, 2016. With the approval of the MOU, the State began the permanent connection of approximately forty (40) homes that are located along existing City water mains. Subsequently, the State officially requested that the City approve the connection of an additional thirty (30) residences as part of the first immediate connections, for up to a total of seventy (70), which the Council approved at its meeting on August 2, 2016.

In regards to the new well's development and connection to the City's water distribution system, the Board of Supervisors awarded the contract for equipping and connecting the new well at its meeting on Tuesday, August 16, 2016, and construction activities commenced the week of October 10, 2016.

County staff had previously indicated that the well would be in service and Item No. 18.
connected to the City's system no later than December 2016, however, the well was operational and connected to the City's water distribution as of Friday, February 17, 2017. Given the delay in the well's completion and connection, DWR requested that the Council consider allowing the connection of residences as they become prepared for connection, to which the Council was receptive, and a Draft MOU Amendment was approved by the Council at its meeting on December 6, 2016, and subsequently approved by the Board of Supervisors at is meeting on December 20, 2016. City staff continued to work with County staff toward the transfer of the well's ownership from the County to the City, which at its meeting on April 20, 2021, the Council approved the draft Transfer Agreement subject to the City Attorney's final form.

As of Friday, March 31, 2017, the date the State established as the final day for property owners to complete the registration process to participate in the Statefunded connection program opportunity, of the 1,017 eligible developed residential properties identified by the State for connection, 722 completed the required Extra-Territorial Services Agreement, leaving 295 developed residential properties non-responsive to this unique connection program, twenty-three (23) of which were reported as having either dry or diminishing capacity wells. On February 6, 2018, the final residential connection was made of the approximate eligible eight hundred (800) residences in East Porterville to the City's water system.

City staff continues to coordinate with Self-Help Enterprises and State representatives toward the extension of water mains to serve all residential properties within City limits and the city's periphery that are currently participating in the County's Household Tank Program. The two main areas of focus are N. Cobb Street (northwest of State Route 65 and Pioneer Avenue), and S. Cloverleaf Street (southeast of State Route 65 and Olive Avenue). The State has maintained its commitment to grant-fund the necessary infrastructure and connection fees, providing an official funding letter to the City on January 18, 2018, which commits up to $2.81 million in funding until December 31, 2019. The authorization to advertise for bids for the water connection project was approved by the Council at its July 17th meeting, after which DWR reviewed the bid package for compliance and approved in December the package for advertisement. Council authorized award of the construction contract for approximately $1.82 million at its meeting on January 15, 2019.

City staff conducted a pre-construction public outreach meeting with the affected residents on the status of the project on Thursday, April 4, 2019.

Council authorized the agreement with Self-Help Enterprises Inc. to provide the private residential connections at its meeting on July 2, 2019, and construction work began on the project. At its meeting on October 1, 2019, the Council accepted the public works segment of the project in the installation of water mains as complete, with Self-Help and CSET continuing to collaborate on the completion of the individual private connections and abandonment of private wells. City staff has recently been made aware that there may be a couple of additional residences whose wells are dry that are located along existing City water mains or may require further extension of water mains.

Staff is coordinating with State staff on addressing these new isolated needs.

Item No. 18.

County OES and the State Division of Drinking Water (DDW) have reported to the City that the Central Mutual Water Company, located south of the city and south of Gibbons Avenue, has had its well run dry and desires an immediate emergency connection to the City's water system to serve the forty-one (41) connections currently without water. DDW is wishing to support a financial application to upgrade the small water system to City standards (new water lines, meters ,etc.), and to sponsor an Urban Development Boundary (UDB) Amendment application to Tulare County Local Agency Formation Commission (LAFCO), given this area is currently outside the City's UDB but within the City's Urban Area Boundary (UAB). Given several private wells have run dry in this area, DDW is also attempting to sponsor their connection to the City's water system. For source water capacity for the connections, DWR will include these new connections within the East Porterville water connection capacity development projects. At its Special meeting on August 30, 2019, the City Council directed staff to proceed with the immediate emergency connection of the Central water system, with the permanent connection of the system contingent upon an Agreement with DDW to the sponsorship conditions they have offered. At its meeting on October 1, 2019, the Council directed staff to proceed with the amendment of the UDB to facilitate annexation, which a public meeting with the affected residents was conducted on Wednesday, October 9, 2019. At its meeting on April 21, 2020, the Council conducted a Public Hearing and approved Resolutions of approval of the environmental determination and amendment to the UDB to facilitate annexation. At its meeting on June 1, 2021, the Council approved the State Water Board funding agreement for the development of a City-owned production well, distribution mains and water meters to serve each customer, as well as fire hydrants. On July 20, 2021, the City received notification from the State Water Board that the Akin/Central Water Consolidation Project funding agreement had been formally approved and executed.

DDW has also reported to the City that the Del Oro East Plano water system, located on Paul Street (southeast of the intersection of Plano Street and Worth Avenue), is experiencing problems with its existing well and have implemented severe water restrictions. The East Plano water system serves fourteen (14) residences and approximately forty-five (45) people. DDW is wishing to provide financial support to upgrade the small water system to City standards (new water lines, meters ,etc.), and for source water capacity for the connections, DDW would need to either pay appropriate fees and/or develop a capacity development project. The Council is aware that the Del Oro Grandview Gardens water system (north of W. North Grand Avenue) is also experiencing significant issues, and DDW may seek their future consolidation with the City's water system as well.

DDW has further reported to the City that the Beverly Grand Mutual Water Company water system, located north of West North Grand Avenue, is experiencing problems with its existing well and water quality issues, and desires its connection to the City's system to serve the thirty-one (31) residences the system serves. DDW is wishing to provide financial support to upgrade the Item No. 18.
small water system to City standards (new water lines, meters ,etc.), and for source water capacity for the connections, DDW has agreed to pay appropriate fees toward developing a capacity development project, which at its meeting of October 3, 2017, the Council approved a purchase agreement with Smee Homes, Inc. for the acquisition of property along the Tule River for the development of a new municipal well. At its meeting of October 1, 2019, the Council approved proceeding with the consolidation of the Beverly Grand water system.

RECOMMENDATION: That the City Council receive the report of status and review of the Declaration of Local Emergency and determine the need exists to continue said Declaration.

ATTACHMENTS: 1. City of Porterville Resolution Declaring Local Drought Emergency: May 5, 2015

2. United States Department of Agriculture Drought Natural Disaster Area Designation: March 5, 2021

3. State of California State of Emergency Proclamation: April 21, 2021

4. County of Tulare Drought Local Emergency Resolution:

April 27, 2021

5. State Water Resources Control Board: Emergency
Regulation - Water Conservation; January 4, 2022

6. Governor Newsom Executive Order N-7-22: March 28,
2022

7. State Water Resources Control Board: Emergency
Regulation - Water Conservation; June 10, 2022

8. State Water Resources Control Board Funding Agreement:

Akin/Central Water Consolidation Project
Appropriated/Funded:

Review By:

Department Director:

John Lollis, City Manager
Final Approver: John Lollis, City Manager

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
State of Emergency Proclamation
WHEREAS climate change is intensifying the impacts of droughts on our communities, environment and economy, and California must therefore improve drought resiliency and prepare to respond to more frequent, prolonged, and intense dry periods; and
WHEREAS much of the West is experiencing severe to exceptional drought and California is in a second consecutive year of dry conditions, resulting in drought or near-drought throughout many portions of the State; and WHEREAS these drought conditions can result in degraded water quality, fallowing of productive farmland, setbacks to vulnerable and rural communities through job losses and longer-lasting recoveries, significant impacts to tribal, commercial, and recreational salmon fisheries, constraints on access to traditional lifeways, loss of aquatic and terrestrial biodiversity, and ecosystem impacts; and
WHEREAS drought conditions vary across the State and some watersheds, including the Russian River and Klamath Basin, are extremely dry and are facing substantial water supply and ecosystem challenges; and
WHEREAS it is necessary to expeditiously mitigate the effects of the drought conditions within the Russian River Watershed, located within Mendocino and Sonoma counties, to ensure the protection of health, safety, and the environment; and
WHEREAS experience in the last drought has demonstrated the value of preparing earlier for potential sustained dry conditions, the need to improve our monitoring and forecasting capabilities, and many other lessons that are captured in the Administration1s Report to the Legislature on the 2012-2016 Drought; and
WHEREAS the State and its many partners have strengthened drought resilience since the last drought including state investments in water management systems, implementation of the Sustainable Groundwater Management Act, establishment of the Safe and Affordable Fund for Equity and Resilience Program, development of the Administration's Water Resilience Portfolio, and continued water conservation by Californians whose current statewide urban water use is 16% lower than at the beginning of the last drought; and
WHEREAS state agencies have been actively responding to current drought conditions and preparing for the possibility of a third dry year including through convenings of the interagency drought team, which was established at my direction, to organize, focus, and track changing conditions, coordinate state agency responses, and work closely with partners across the State; and WHEREAS under the provisions of Government Code section 8558(b), I find that the conditions caused by the drought conditions, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single local government and require the combined forces of a mutual aid region or regions to appropriately respond; and
WHEREAS under the provisions of Government Code section 8625(c), I find that local authority is inadequate to cope with the drought conditions; and WHEREAS to protect public health and safety, it is critical the State take certain immediate actions without undue delay to prepare for and mitigate the effects of, the drought conditions within the Russian River Watershed, and under the provisions of Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Proclamation would prevent, hinder, or delay the mitigation of the effects of the drought conditions of the Russian River Watershed, located within Mendocino and Sonoma counties.

NOW THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, including the California Emergency Services Act, and in particular, section 8625, HEREBY PROCLAIM A STATE OF EMERGENCY to exist in Mendocino and Sonoma counties due to drought conditions in the Russian River Watershed.

IT IS HEREBY ORDERED THAT:

1. To further the success of California's water conservation efforts and increase our drought preparedness, state agencies shall partner with local water districts and utilities to make all Californians aware of drought, and encourage actions to reduce water usage by promoting the Department of Water Resources' Save Our Water campaign
(https://saveourwater.com) and other water conservation programs.

2. To continue coordination with partners across the State for the potential of prolonged drought impacts, the Department of Water Resources, the State Water Resources Control Board (Water Board), the Department of Fish and Wildlife, and the Department of Food and Agriculture shall work with regional and local governments, including groundwater sustainability agencies, to identify watersheds, communities, public water systems, and ecosystems that may require coordinated state and local actions to address issues stemming from continued dry conditions, to ensure that we can respond to water shortages and protect people, natural resources and economic activity.

3. To continue partnership and coordination with Californian Native American tribes, state agencies shall engage in consultation, collaboration, and communication with California Native American tribes to assist them in necessary preparation and response to drought conditions on tribal lands and potential impacts to cultural and traditional resources within ancestral lands.

4. To prioritize drought response and preparedness resources, the Department of Water Resources, the Water Board, the Department of Fish and Wildlife and the Department of Food and Agriculture, in consultation with the Department of Finance, shall:
a. Accelerate funding for water supply enhancement, water conservation, or species conservation projects.
b. Identify unspent funds that can be repurposed to enable projects to address drought impacts to people, ecosystems, and economic activities.
c. Recommend additional financial support for water resilience infrastructure projects and actions for potential inclusion in the upcoming May Revision.

5. To increase resilience of our water supplies during drought conditions, the Department of Water Resources shall:
a. Work with counties to encourage reporting of household water shortages, such as dry residential wells, on the website the Department maintains for that purpose, to enable tracking of drought impacts.
b. Work with counties, and groundwater sustainability agencies as appropriate, to help ensure that well drillers submit required groundwater well logs for newly constructed and deepened wells in a timely manner.
c. Work with agricultural water suppliers and agricultural water users to provide technical assistance, including implementation of efficient water management practices and use of technology such as the California Irrigation Management Information System.
d. Work with urban and agricultural water suppliers to encourage timely submittal by water districts and public posting of urban water management and water shortage contingency plans and
agricultural water management and drought plans.
e. Accelerate updating the land subsidence data it is providing to support implementation of the Sustainable Groundwater
Management Act.

6. To increase resilience of our water systems during drought conditions, the Water Board shall:
a. Use its authority, provide technical assistance, and where feasible provide financial assistance, to support regular reporting of drinking water supply well levels and reservoir water levels where the Water Board determines that there is risk of supply failure because of lowering groundwater levels or reservoir levels that may fall below public water system intakes.
b. Prioritize the permitting of public water systems that anticipate the need to activate additional supply wells where water quality is a concern and treatment installation needs to proceed to relieve a system's potential supply concerns.
c. Provide annual water demand data, information on water right priority, and other communications on water availability on its website.
d. Identify watersheds where current diversion data is insufficient to evaluate supply impacts caused by dry conditions, and take actions to ensure prompt submittal of missing data in those watersheds.

7. To address the acutely dry conditions in the Russian River Watershed, the Water Board shall consider:
a. Modifying requirements for reservoir releases or diversion limitations in that watershed to ensure adequate, minimal water supplies for critical purposes.
b. Adopting emergency regulations to curtail water diversions when water is not available at water rights holders' priority of right or to protect releases of stored water.

For purposes of carrying out this directive, Public Resources Code, Division 13 (commencing with section 21000) and regulations adopted pursuant to that Division are suspended in the counties of Mendocino and Sonoma to the extent necessary to address the impacts of the drought in the Russian River Watershed. The Water Board shall identify the projects eligible for the suspensions pursuant to this paragraph and maintain on its websites a list of the activities or approvals for which these provisions are suspended.

8. To ensure that equipment and services necessary for drought response in the Russian River Watershed can be procured quickly, the provisions of the Government Code and the Public Contract Code applicable to procurement, state contracts, and fleet assets, including, but not limited to, advertising and competitive bidding requirements, are hereby suspended to the extent necessary to address the effects of the drought in the Russian River Watershed, located within Mendocino and Sonoma counties. Approval of the Department of Finance is required prior to the execution of any contract entered into pursuant to this provision.

9. To increase the resilience of our natural habitats to protect vulnerable species during drought conditions, the Department of Fish and Wildlife shall:
a. Evaluate and take actions to protect terrestrial and aquatic species and, wherever possible, work with water users and other parties on voluntary measures to protect species.
b. Work to improve State hatcheries and increase water use efficiency on State wildlife areas and ecological reserves to maintain habitat for vulnerable species.
c. Respond to human-wildlife interactions related to ongoing dry conditions and increase public messaging and awareness. d. Work with commercial and recreational salmon fishing and tribal representatives to anticipate and develop strategies to mitigate and respond to salmon fishery impacts, with particular emphasis on addressing impacts to salmon fisheries in the Klamath Basin.

10.To support our agricultural economy and food security during drought conditions, the Department of Food and Agriculture shall:
a. Provide technical assistance to support conservation planning, onfarm water and energy conservation practices and technologies, including augmenting the State Water Efficiency and Enhancement Program.
b. Conduct an economic analysis of drought impacts to agriculture, including land use, jobs, and rural food economies, expanding on existing research done in the last drought to include thorough regional analysis especially in the Central Valley, and in the implementation of the Sustainable Groundwater Management Act and alternative land uses for fallowed land.
c. Maintain a web page with drought resources for farmers and ranchers, including the United States Department of Agriculture and other federal and state resources.
d. Work with federal agencies to assist Klamath Basin farmers and ranchers contending with reduced water supplies.

11.To ensure the potential impacts of drought on communities are anticipated and proactively addressed, the Department of Water Resources, in coordination with the Water Board, shall develop groundwater management principles and strategies to monitor, analyze, and minimize impacts to drinking water wells.

12.To provide critical information on the different drought conditions across the State, the Department of Water Resources, in consultation with the Department of Fish and Wildlife, the Department of Food and Agriculture, and the Water Board, shall develop a California Drought Monitor by December 31, 2021, as recommended in the Administration's Report to the Legislature on the 2012-2016 Drought.

13.To prepare for potential salinity issues in the Delta, the Department of Water Resources, in consultation with the Water Board, the Department of Fish and Wildlife, the Delta Stewardship Council, and the Central Valley Flood Protection Board, shall initiate actions necessary to prepare for and address potential Delta salinity issues during prolonged drought conditions.

14.To prepare for potential impacts of drought conditions on species, the Water Board and the Department of Fish and Wildlife shall work with federal agency partners to manage temperature conditions for the preservation of fish in the Sacramento River downstream of Shasta Dam while balancing water supply needs.

This Proclamation is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.

I FURTHER DIRECT that as soon as hereafter possible, this Proclamation be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Proclamation.

IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of alifornia t be affixed this 21st
day of ril 2021
ATTEST:

RESOLUTION PROCLAIMING A LOCAL EMERGENCY

BY THE BOARD OF SUPERVISORS

COUNTY OF TULARE, STATE OF CALIFORNIA

IN THE MATTER OF A

LOCAL EMERGENCY DUE TO )

SEVERE DROUGHT CONDITIONS)
RESOLUTION NO. 2021-0290
WHEREAS, California's most recent drought spanning from approximately 2012 to 2018 required the proclamation of a Local Emergency by the County of Tulare from February 2014 to November 2019, as well as a Governor's State of Emergency and the combined resources of multiple local, state, and federal agencies, commercial entities, and non-profit organizations to mitigate; and
WHEREAS, over 3,000 failed or dry wells - including private domestic, community, and agricultural wells - were reported to Tulare County from 2014 to 2017 as a result of the prior drought, causing significant health, safety, and economic issues for Tulare County residents and businesses; and
WHEREAS, well over $100 million in emergency relief and permanent infrastructure projects were expended to mitigate the effects of the prior drought; and WHEREAS, a hydrological year ("water year") runs from October 1 to September 30 of the following year; and
WHEREAS, the current water year beginning October 1, 2020 is, to date, the third-driest on record, with potential to become the driest on record without significant additional precipitation which is unlikely to occur during the traditionally dry months; and WHEREAS, the United States Drought Monitor shows that 94.51 % of Tulare County is currently experiencing "Extreme Drought" (D3) conditions and the remaining 5.49% is in "Severe Drought" (D2) conditions, and the County of Tulare anticipates that these conditions will progress to "Exceptional Drought" (D4) conditions as occurred in the prior drought based on the current Southern Sierra snowpack measured at only 15% of historical average for April 1st, drastically reduced surface water allocations on the State Water Project and Central Valley Project, and correspondingly low water levels in local reservoirs ; and WHEREAS, surface water supply constraints create a demonstrable and unsustainable increase in demand for groundwater which is likely to cause additional dry wells for community water systems, private domestic wells, and agricultural wells, creating economic hardships and conditions of extreme peril to the health and safety of individuals within Tulare County requiring the combined forces of all levels of government to mitigate; and WHEREAS, California Government Code section 8630 empowers the Board of Supervisors to proclaim the existence or threatened existence of a local emergency; and WHEREAS, Section 1-15-1005 of the Tulare County Ordinance Code defines "emergency" to include "the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within [Tulare] County caused by such conditions as air pollution, fire, flood , storm , epidemic, riot, earthquake, or other conditions, ... which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of [Tulare] County, requiring the combined forces of other political subdivisions to combat"; and
NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency now exists throughout said Tulare County due to drought which has created conditions of disaster and extreme peril to the safety of persons and property within the County, and that such conditions are or are likely to be beyond the control of the services, personnel , equipment, and/or facilities of this County, thus requiring the combined forces of other political subdivisions to combat; and IT IS FURTHER PROCLAIMED that this local emergency is proclaimed pursuant to the California Emergency Services Act, California Government Code §8550 et seq.; and IT IS REQUESTED that the Governor of the State of California find and proclaim Tulare County to be in a State of Emergency, and make available any and all material and financial support and resources necessary to combat the conditions of disaster, including but not limited to California Disaster Assistance Act funding for emergency protective measures and increased funding to relevant programs of the State Water Resources Control Board and Department of Water Resources ; and
IT IS FURTHER REQUESTED that the Governor waive and all regulations and statutes that may hinder response to this emergency; and
IT IS PROCLAIMED AND ORDERED that during the existence of said local emergency, the powers, functions, and duties of the emergency organization of Tulare County shall be those prescribed by State law, by ordinances and resolutions of Tulare County, and by the Tulare County Operational Area Emergency Operations Plan, as approved by the Board of Supervisors.

UPON MOTION OF SUPERVISOR MICARI, SECONDED BY SUPERVISOR

TOWNSEND, THE FOLLOWING WAS ADOPTED BY THE BOARD OF
SUPERVISORS, AT AN OFFICIAL MEETING HELD APRIL 27, 2021 , BY THE FOLLOWING VOTE:

AYES: SUPERVISORS MICARI , VANDERPOEL, SHUKLIAN, VALERO AND

TOWNSEND
NOES: NONE
ABSTAIN : NONE
ABSENT: NONE
~~~smia~rp__e:w. "fl
ATTEST:

BY:

JASON T. BRITT

COUNTY ADMINISTRATIVE OFFICER/

CLERK, BOARD OF SUPERVISORS

STATE WATER RESOURCES CONTROL BOARD
RESOLUTION NO. 2022-0002

TO ADOPT AN EMERGENCY REGULATION

TO SUPPLEMENT VOLUNTARY WATER CONSERVATION
WHEREAS:

1. On April 21, May 10, and July 8, 2021, Governor Newsom issued proclamations that a state of emergency exists in a total of 50 counties due to severe drought conditions and directed state agencies to take immediate action to preserve critical water supplies and mitigate the effects of drought and ensure the protection of health, safety, and the environment.

2. On October 19, 2021, Governor Newsom signed a proclamation extending the drought emergency statewide and further urging Californians to reduce their water use.

3. There is no guarantee that winter precipitation will alleviate the current drought conditions.

4. Many Californians have taken bold steps over the years to reduce water use; nevertheless, the severity of the current drought and uncertainty about Water Year 2022 require additional conservation actions from residents and businesses.

5. Water conservation is the easiest, most efficient, and most cost-effective way to quickly reduce water demand and extend supplies into the next year, providing flexibility for all California communities. Water saved is water available next year, giving water suppliers the flexibility to manage their systems efficiently. The more water that is conserved now, the less likely it is that a community will experience such dire circumstances or that water rationing will be required.

6. Most Californians use more water outdoors than indoors. In many areas, 50 percent or more of daily water use is for lawns and outdoor landscaping. Outdoor water use is generally discretionary, and many irrigated landscapes would not suffer greatly from receiving a decreased amount of water.
2 7. Public information and awareness are critical to achieving conservation goals, and the Save Our Water campaign (SaveOurWater.com), run jointly by the Department of Water Resources (DWR) and the Association of California Water Agencies, is an excellent resource for conservation information and messaging that is integral to effective drought response.

8. SaveWater.CA.Gov is an online tool designed to help save water in communities. This website lets anyone easily report water waste from their phone, tablet, or computer by simply selecting the type of water waste they see, typing in the address where the waste is occurring, and clicking send.

These reports are filed directly with the State Water Resources Control Board (State Water Board or Board) and relevant local water supplier.

9. Enforcement against water waste is a key tool in conservation programs.

When conservation becomes a social norm in a community, the need for enforcement is reduced or eliminated.

10. On October 19, 2021, the Governor suspended the environmental review required by the California Environmental Quality Act to allow State Water Board-adopted drought conservation emergency regulations and other actions to take place quickly to respond to emergency conditions.

11. Water Code section 1058.5 grants the State Water Board the authority to adopt emergency regulations in certain drought years in order to: “prevent the waste, unreasonable use, unreasonable method of use, or unreasonable method of diversion, of water, to promote water recycling or water conservation, to require curtailment of diversions when water is not available under the diverter’s priority of right, or in furtherance of any of the foregoing, to require reporting of diversion or use or the preparation of monitoring reports.”

12. On November 30, 2021, the State Water Board issued public notice that the State Water Board would consider the adoption of the regulation at the Board’s regularly scheduled January 4, 2022 public meeting, in accordance with applicable State laws and regulations. The State Water Board also distributed for public review and comment a Finding of Emergency that complies with State laws and regulations.

13. The emergency regulation sets a minimum standard that many communities are already doing more but not everyone is taking these lowcost, easy to implement actions that can save significant amounts of water during a drought emergency.
3 14. Disadvantaged communities may require assistance in increasing water conservation, and state and local agencies should look for opportunities to provide assistance in promoting water conservation, including but not limited to translation of regulation text and dissemination of water conservation announcements into languages spoken by at least 10 percent of the people who reside in a water supplier’s service area, such as in newspaper advertisements, bill inserts, website homepage, social media, and notices in public libraries.

15. The Board directs staff to consider the following in pursuing any enforcement of section 995, subdivision (b)(1)(A)-(F): before imposing monetary penalties, staff shall provide one or more warnings; monetary penalties must be based on an ability to pay determination, consider allowing a payment plan of at least 12 months, and shall not result in a tax lien; and Board enforcement shall not result in shutoff.

16. The Board encourages entities other than Board staff that consider any enforcement of this regulation to apply these same factors identified in resolved paragraph 15. Nothing in the regulation or in the enforcement provisions of the regulation precludes a local agency from exercising its authority to adopt more stringent conservation measures. Moreover, the Water Code does not impose a mandatory penalty for violations of the regulation adopted by this resolution, and local agencies retain their enforcement discretion in enforcing the regulation, to the extent authorized, and may develop their own progressive enforcement practices to encourage conservation.

THEREFORE BE IT RESOLVED THAT:

1. The State Water Board adopts California Code of Regulations, title 23, section 995, as appended to this resolution as an emergency regulation.

2. State Water Board staff will submit the regulation to the Office of Administrative Law (OAL) for final approval.

3. If, during the approval process, State Water Board staff, the State Water Board, or OAL determines that minor corrections to the language of the regulation or supporting documentation are needed for clarity or consistency, the State Water Board Executive Director or designee may make such changes.
4 4. This regulation shall remain in effect for one year after filing with the Secretary of State unless the State Water Board determines that it is no longer necessary due to changed conditions or unless the State Water Board renews the regulation due to continued drought conditions, as described in Water Code section 1058.5.

5. The State Water Board directs State Water Board staff to work with the Department of Water Resources and the Save Our Water campaign to disseminate information regarding the emergency regulations.

6. Nothing in the regulation or in the enforcement provisions of the regulation precludes a local agency from exercising its authority to adopt more stringent conservation measures. Local agencies are encouraged to develop their own progressive enforcement practices to promote conservation.

CERTIFICATION
The undersigned Clerk to the Board does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on January 4, 2022.

AYE: Vice Chair Dorene D’Adamo
Board Member Sean Maguire
Board Member Laurel Firestone
Board Member Nichole Morgan
NAY: None
ABSENT: Chair E. Joaquin Esquivel
ABSTAIN: None
Jeanine Townsend
Clerk to the Board
5 ADOPTED TEXT OF EMERGENCY REGULATION
Title 23. Waters
Division 3. State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 3.5. Urban Water Use Efficiency and Conservation Article 2. Prevention of Drought Wasteful Water Uses
§ 995. Wasteful and Unreasonable Water Uses.
(a) As used in this section:
(1) “Turf” has the same meaning as in section 491.
(2) “Incidental runoff” means unintended amounts (volume) of runoff, such as unintended, minimal overspray from sprinklers that escapes the area of intended use.

Water leaving an intended use area is not considered incidental if it is part of the facility or system design, if it is due to excessive application, if it is due to intentional overflow or application, or if it is due to negligence.
(b)(1) To prevent the unreasonable use of water and to promote water conservation, the use of water is prohibited as identified in this subdivision for the following actions:
(A) The application of potable water to outdoor landscapes in a manner that causes more than incidental runoff such that water flows onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or structures;
(B) The use of a hose that dispenses water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use; (C) The use of potable water for washing sidewalks, driveways, buildings, structures, patios, parking lots, or other hard surfaced areas, except in cases where health and safety are at risk;
(D) The use of potable water for street cleaning or construction site preparation purposes, unless no other method can be used or as needed to protect the health and safety of the public;
(E) The use of potable water for decorative fountains or the filling or topping-off of decorative lakes or ponds, with exceptions for those decorative fountains, lakes, or ponds that use pumps to recirculate water and only require refilling to replace evaporative losses;
(F) The application of water to irrigate turf and ornamental landscapes during and within 48 hours after measurable rainfall of at least one fourth of one inch of rain.

In determining whether measurable rainfall of at least fourth of one inch of rain occurred in a given area, enforcement may be based on records of the National Weather Service, the closest CIMIS station to the parcel, or any other reliable source of rainfall data available to the entity undertaking enforcement of this subdivision; and
(G) The use of potable water for irrigation of ornamental turf on public street medians.
6 (2) Notwithstanding subdivision (b)(1), the use of water is not prohibited by this section to the extent necessary to address an immediate health and safety need. This may include, but is not limited to, the use of potable water in a fountain or water feature when required to be potable because human contact is expected to occur. (c)(1) To prevent the unreasonable use of water and to promote water conservation, any homeowners’ association or community service organization or similar entity is prohibited from:
(A) Taking or threatening to take any action to enforce any provision of the governing documents or architectural or landscaping guidelines or policies of a common interest development where that provision is void or unenforceable under section 4735, subdivisions (a) and (b) of the Civil Code; (B) Imposing or threatening to impose a fine, assessment, or other monetary penalty against any owner of a separate interest for reducing or eliminating the watering of vegetation or lawns during a declared drought emergency, as described in section 4735, subdivision (c) of the Civil Code; or (C) Requiring an owner of a separate interest upon which water-efficient landscaping measures have been installed in response to a declared drought emergency, as described in section 4735, subdivisions (c) and (d) of the Civil Code, to reverse or remove the water-efficient landscaping measures upon the conclusion of the state of emergency.
(2) As used in this subdivision:
(A) “Architectural or landscaping guidelines or policies” includes any formal or informal rules other than the governing documents of a common interest development.
(B) “Homeowners’ association” means an “association” as defined in section 4080 of the Civil Code.
(C) “Common interest development” has the same meaning as in section 4100 of the Civil Code.
(D) “Community service organization or similar entity” has the same meaning as in section 4110 of the Civil Code.
(E) “Governing documents” has the same meaning as in section 4150 of the Civil Code.
(F) “Separate interest” has the same meaning as in section 4185 of the Civil Code.
(3) If a disciplinary proceeding or other proceeding to enforce a rule in violation of subdivision (c)(1) is initiated, each day the proceeding remains pending shall constitute a separate violation of this regulation.
(d) To prevent the unreasonable use of water and to promote water conservation, any city, county, or city and county is prohibited from imposing a fine under any local maintenance ordinance or other relevant ordinance as prohibited by section 8627.7 of the Government Code.
7 (e) The taking of any action prohibited in subdivision (b), (c) or (d) is an infraction punishable by a fine of up to five hundred dollars ($500) for each day in which the violation occurs. The fine for the infraction is in addition to, and does not supersede or limit, any other remedies, civil or criminal.
(f) A decision or order issued under this section by the Board or an officer or employee of the Board is subject to reconsideration under article 2 (commencing with section 1122) of chapter 4 of part 1 of division 2 of the Water Code.

Authority: Section 1058.5, Water Code.

References: Article X, Section 2, California Constitution; Sections 4080, 4100, 4110, 4150, 4185, and 4735, Civil Code; Section 8627.7, Government Code; Sections 102, 104, 105, 275, 350, 491, and 1122, Water Code; Light v. State Water Resources Control Board (2014) 226 Cal.App.4th 1463; Stanford Vina Ranch Irrigation Co. v. State of California (2020) 50 Cal.App.5th 976.

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
EXECUTIVE ORDER N-7-22
WHEREAS on April 12, 202 l, May l 0, 2021, July 8, 202 l, and October 19, 2021, I proclaimed states of emergency that continue today and exist across all the counties of California, due to extreme and expanding drought conditions; and
WHEREAS climate change continues to intensify the impacts of droughts on our communities, environment, and economy, and California is in a third consecutive year of dry conditions, resulting in continuing drought in all parts of the State; and
WHEREAS the 21st century to date has been characterized by record warmth and predominantly dry conditions, and the 2021 meteorological summer in California and the rest of the western United States was the hottest on record; and
WHEREAS since my October 19, 2021 Proclamation, early rains in October and December 2021 gave way to the driest January and February in recorded history for the watersheds that provide much of California's water supply; and WHEREAS the ongoing drought will have significant, immediate impacts on communities with vulnerable water supplies, farms that rely on irrigation to grow food and fiber, and fish and wildlife that rely on stream flows and cool water; and
WHEREAS the two largest reservoirs of the Central Valley Project, which supplies water to farms and communities in the Central Valley and the Santa Clara Valley and provides critical cold-water habitat for salmon and other anadromous fish, have water storage levels that are approximately l .1 million acre-feet below last year's low levels on this date; and WHEREAS the record-breaking dry period in January and February and the absence of significant rains in March have required the Department of Water Resources to reduce anticipated deliveries from the State Water Project to 5 percent of requested supplies; and
WHEREAS delivery of water by bottle or truck is necessary to protect human safety and public health in those places where water supplies are disrupted; and
WHEREAS groundwater use accounts for 41 percent of the State's total water supply on an average annual basis but as much as 58 percent in a critically dry year, and approximately 85 percent of public water systems rely on groundwater as their primary supply; and
WHEREAS coordination between local entities that approve permits for new groundwater wells and local groundwater sustainability agencies is important to achieving sustainable levels of groundwater in critically overdrafted basins; and
WHEREAS the duration of the drought, especially following a multiyear drought that abated only five years ago, underscores the need for California to redouble near-, medium-, and long-term efforts to adapt its water management and delivery systems to a changing climate, shifting precipitation patterns, and water scarcity; and
WHEREAS the most consequential, immediate action Californians can take to extend available supplies is to voluntarily reduce their water use by 15 percent from their 2020 levels by implementing the commonsense measures identified in operative paragraph 1 of Executive Order N-10-21 (July 8, 2021 ); and
WHEREAS to protect public health and safety, it is critical the State take certain immediate actions without undue delay to prepare for and mitigate the effects of the drought conditions, and under Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Proclamation would prevent, hinder, or delay the mitigation of the effects of the drought conditions.

NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, including the California Emergency Services Act, and in particular, Government Code sections 8567, 8571, and 8627, do hereby issue the following Order to become effective immediately:

IT IS HEREBY ORDERED THAT:

1. The orders and provisions contained in my April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021 Proclamations remain in fu ll force and effect, except as modified by those Proclamations and herein.

State agencies shall continue to implement all directions from those Proclamations and accelerate implementation where feasible.

2. To help the State achieve its conservation goals and ensure sufficient water for essential indoor and outdoor use, I call on all Californians to strive to limit summertime water use and to use water more efficiently indoors and out. The statewide Save Our Water conservation campaign at SaveOurWater.com provides simple ways for Californians to reduce water use in their everyday lives. Furthermore, I encourage Californians to understand and track the amount of water they use and measure their progress toward their conservation goals.

3. By May 25, .2022, the State Water Resources Control Board (Water Board) shall consider adopting emergency regulations that include all of the following:
a. A requirement that each urban water supplier, as defined in section 10617 of the Water Code, shall submit to the Department of Water Resources a preliminary annual water supply and demand assessment consistent with section 10632.1 of the Water Code no later than June 1, 2022, and submit a final annual water supply and demand assessment to the Department of Water Resources no later than the deadline set by section 10632.1 of the Water Code;
b. A requirement that each urban water supplier that has submitted a water shortage contingency plan to the
Department of Water Resources implement, at a minimum, the shortage response actions adopted under section 10632 of the Water Code for a shortage level of up to twenty percent (Level 2), by a date to be set by the Water Board; and
c. A requirement that each urban water supplier that has not submitted a water shortage contingency plan to the
Department of Water Resources implement, at a minimum,
shortage response actions established by the Water Board, which shall take into consideration model actions that the Department of Water Resources shall develop for urban water supplier water shortage contingency planning for Level 2, by a date to be set by the Water Board.

To further conserve water and improve drought resiliency if the drought lasts beyond this year, I encourage urban water suppliers to conserve more than required by the emergency regulations described in this paragraph and to voluntarily activate more stringent local requirements based on a shortage level of up to thirty percent (Level 3).

4. To promote water conservation, the Department of Water Resources shall consult with leaders in the commercial, industrial, and institutional sectors to develop strategies for improving water conservation, including direct technical assistance, financial assistance, and other approaches. By May 25, 2022, the Water Board shall consider adopting emergency regulations defining "non-functional turf" (that is, a definition of turf that is ornamental and not otherwise used for human recreation purposes such as school fields, sports fields, and parks) and banning irrigation of non-functional turf in the commercial, industrial, and institutional sectors except as it may be required to ensure the health of trees and other perennial non-turf plantings.

5. In order to maximize the efficient use of water and to preserve water supplies critical to human health and safety and the environment, Public Resources Code, Division 13 (commencing with section 21000) and regulations adopted pursuant to that Division are hereby suspended, with respect to the directives in paragraphs 3 and 4 of this Order and any other projects and activities for the purpose of water conservation to the extent necessary to address the impacts of the drought, and any permits necessary to carry out such projects or activities. Entities that desire to conduct activities under this suspension, other than the directives in paragraphs 3 and 4 of this Order, shall first request that the Secretary of the Natural Resources Agency make a determination that the proposed activities are eligible to be conducted under this suspension. The Secretary shall use sound discretion in applying this Executive Order to ensure that the suspension serves the purpose of accelerating conservation projects that are necessary to address impacts of the drought, while at the same time protecting public health and the environment. The entities implementing these directives or conducting activities under this suspension shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.

6. To support voluntary approaches to improve fish habitat that would require change petitions under Water Code section 1707 and either Water Code sections 1425 through 1432 or Water Code sections 1725 through 1732, and where the primary purpose is to improve conditions for fish, the Water Board shall expeditiously consider petitions that add a fish and wildlife beneficial use or point of diversion and place of storage to improve conditions for anadromous fish. California Code of Regulations, title 23, section 1064, subdivisions ( a) ( 1) (A) (i)-(ii) are suspended with respect to any petition that is subject to this paragraph.

7. To facilitate the hauling of water for domestic use by local communities and domestic water users threatened with the loss of water supply or degraded water quality resulting from drought, any ordinance, regulation, prohibition, policy, or requirement of any kind adopted by a public agency that prohibits the hauling of water out of the water's basin of origin or a public agency's jurisdiction is hereby suspended. The suspension authorized pursuant to this paragraph shall be limited to the hauling of water by truck or bottle to be used for human consumption, cooking, or sanitation in communities or residences threatened with the loss of affordable safe drinking water.

Nothing in this paragraph limits any public health or safety requirement to ensure the safety of hauled water.

8. The Water Board shall expand inspections to determine whether illegal diversions or wasteful or unreasonable use of water are occurring and bring enforcement actions against illegal diverters and those engaging in the wasteful and unreasonable use of water. When access is not granted by a property owner, the Water Board may obtain an inspection warrant pursuant to the procedures set forth in Title 13 (commencing with section 1822.50) of Part 3 of the Code of Civil Procedure for the purposes of conducting an inspection pursuant to this directive.

9. To protect health, safety, and the environment during this drought emergency, a county, city, or other public agency shall not:
a. Approve a permit for a new groundwater well or for alteration of an existing well in a basin subject to the Sustainable
Groundwater Management Act and classified as medium- or high-priority without first obtaining written verification from a Groundwater Sustainability Agency managing the basin or area of the basin where the well is proposed to be located that groundwater extraction by the proposed well would not be inconsistent with any sustainable groundwater management program established in any applicable Groundwater
Sustainability Plan adopted by that Groundwater Sustainability Agency and would not decrease the likelihood of achieving a sustainability goal for the basin covered by such a plan; or b. Issue a permit for a new groundwater well or for alteration of an existing well without first determining that extraction of groundwater from the proposed well is (1) not likely to interfere with the production and functioning of existing nearby wells, and (2) not likely to cause subsidence that would adversely impact or damage nearby infrastructure.

This paragraph shall not apply to permits for wells that will provide less than two acre-feet per year of groundwater for individual domestic users, or that will exclusively provide groundwater to public water supply systems as defined in section 116275 of the Health and Safety Code.

10. To address household or small community drinking water shortages dependent upon groundwater wells that have failed due to drought conditions, the Department of Water Resources shall work with other state agencies to investigate expedited regulatory pathways to modify, repair, or reconstruct failed household or small community or public supply wells, while recognizing the need to ensure the sustainability of such wells as provided for in paragraph 9.

11. State agencies shall collaborate with tribes and federal, regional, and local agencies on actions related to promoting groundwater recharge and increasing storage.

12. To help advance groundwater recharge projects, and to demonstrate the feasibility of projects that can use available high water flows to recharge local groundwater while minimizing flood risks, the Water Board and Regional Water Quality Control Boards shall prioritize water right permits, water quality certifications, waste discharge requirements, and conditional waivers of waste discharge requirements to accelerate approvals for projects that enhance the ability of a local or state agency to capture high precipitation events for local storage or recharge, consistent with water right priorities and protections for fish and wildlife. For the purposes of carrying out this paragraph, Division 13 (commencing with section 21000) of the Public Resources Code and regulations adopted pursuant to that Division, and Chapter 3 ( commencing with section 85225) of Part 3 of Division 35 of the Water Code and regulations adopted pursuant thereto are hereby suspended to the extent necessary to address the impacts of the drought. This suspension applies to (a) any actions taken by state agencies, (b) any actions taken by local agencies where the state agency with primary responsibility for the implementation of the directives concurs that local action is required, and (c) permits necessary to carry out actions under (a) or (b). The entities implementing these directives shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.

13. With respect to recharge projects under either Flood-Managed Aquifer Recharge or the Department of Water Resources Sustainable Groundwater Management Grant Program occurring on open and working lands to replenish and store water in groundwater basins that will help mitigate groundwater conditions impacted by drought, for any (a) actions taken by state agencies, (b) actions taken by a local agency where the Department of Water Resources concurs that local action is required, and (c) permits necessary to carry out actions under (a) or (b), Public Resources Code, Division 13 (commencing with section 21000) and regulations adopted pursuant to that Division are hereby suspended to the extent necessary to address the impacts of the drought. The entities implementing these directives shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.

14. To increase resilience of.state water supplies during prolonged drought conditions, the Department of Water Resources shall prepare for the potential creation and implementation of a multi-year transfer program pilot project for the purpose of acquiring water from willing partners and storing and conveying water to areas of need.

15. By April 15, 2022, state agencies shall submit to the Department of Finance for my consideration proposals to mitigate the worsening effects of severe drought, including emergency assistance to communities and households and others facing water shortages as a result of the drought, facilitation of groundwater recharge and wastewater recycling, improvements in water use efficiency, protection of fish and wildlife, mitigation of drought-related economic or water-supply disruption, and other potential investments to support short- and long-term drought response.

IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.

This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.

IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 28th
day of March 2022.

I I
,:, .
l · I'
t (.1 I
l~~-~-- GAVIN NEWSOM
Governor of California
ATTEST:

SHIRLEY N. WEBER, PH.D.

Secretary of State
State of California
Office of Administrative Law
In re:

State Water Resources Control Board

NOTICE OF APPROVAL OF EMERGENCY

REGULATORY ACTION
Regulatory Action:

Title 23, California Code of Regulations
Adopt sections: 996
Amend sections:

Repeal sections:

Government Code Sections 11346.1 and
11349.6
OAL Matter Number: 2022-0606-03
OAS Makter Type: Emergency (E)
This emergency action by the State Water Resources Control Board adopts a new regulation which .requires urban water suppliers to submit preliminary supply and demand assessments to the Department of Water Resources and to implement Level 2 demand reduction actions (actions intended to result in a 10 to 20 percent savings).

The regulation bans the irrigation of non-functional turf with potable water in commercial, industrial, and institutional. sectors and establishes that such irrigation is an infraction punishable by a fine of up to five hundred dollars for each day in which. the violation occurs pursuant to Water Code section 1058.5(d).

OAL approves this emergency regulatory action pursuant to sections 11346.1 and 11349.6 of the Government Gode. Pursuant to Water Code section 1058.5(b}, the Finding of Emergency in this matter was exempt from Office of Administrative Law Review.

This emergency regulatory action is effective on 6/10/2022 and, pursuant to Water Cade section 1058.5(c), will expire on 6/1 Q/2023. The Certificate of Compliance far this action is due no later than 6/9/2023.

Date: June 10, 2022 ~ ~~„~, ~~-,
Dale Mentink`
Assistant Chief Counsel
For: Kenneth J. Pogue
Director
Original: Eileen Sobeck, Executive
Director
Copy: Garrett Lenahan
STATE OF CALIFORNIA—OPfICEOFADMINiSTRA E~nw
NOTICE PUBLIC/~TIOIV For use by Secretary of State only ~n,
sr~.aootRev.ionor9l ~
~f1L FILE N07ICE FILE NUMBER REGULATORY ACTION NUMBEgR~ g~ ~g EMER~GEi NyC~Y NUMBER N1Jt~/I$~f~'a" ~~ e~
For use by Once of Administrative law (OAL)
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~~~~ s~,~, jm~ rti r ~a-s~

NOTICE REGULATIONS

AGENCY WITH RULEMAKING AUTHORITY
State Water AGENCY FILE NUMBER (if any) Resources Control Board A. PUBLICATION OF NOTICE (Complete for publication in Notice Register)

1. SUBJECT OF NOTICE TITLES) FIRST SECTION AFFECTED 2. REQUESTED PUBLICATION DATE

3. NOTICE TYPE - 4. AGENCY CONTACT PERSON TELEPHONE NUMBER FAX NUMBER (Optional) ❑ Notice re Proposed ("—►
Re ulato tither `Action L_~
OAL USE ACTION ON PRppgSFD NOTICE
~~~Y HPP~oveaas
NOTICE. R_FGISTER NUMBER '. Pl!BUCATlpN bATE APp~cvyas t" DisapProvh~+~ S~bnnroea ~ MorliheU ~ Witharawn B. SUBMISSION OF REGULATIONS (Complete when submitting regulations) 1a. SUBJECT OF REGULATION{S) ib. ALL PREVIOUS RELATED OAL REGULATORY ACTION NUMBERS) Water Demand Reduction Emergency Regulation

2. SPECIFY CALIFORNIA CODE Of REGULATIONS TITLES) AND SECTIONS) (including title 26, if toxics related) SECTIONS} AFFECTED A°oPT
{List all section number{s) 996
`individually. Attach aMeNo
_~cidi~a~al:_sF~eeh_6f~reeded.} __~_._ _--- ____ _._ ----_ ____ -- TITLE(S) REPEAL 23 3. TYPE OF FILING
Code
Regular
§11346)
Rulemaking {Gov. ❑Certificate of Compliance: The agency officer named ~ Emergency Readopt ~ Changes Without below certifies that this agency complied with the (Gov. Code, §11346.1 (h}) Regulatory Effect {CaL Resubmittal of disapproved provisions of Gov. Code §§11346.2-11347.3 either Code Regs., title 1, §100} or withdrawn nonemergency before the emergency regulation was adopted or filing (Gov. Code §§11349.3, within the time period required by statute. 11349.4) ❑File &Print ~ Print Oniy
§11346.1(b))
Emergency (Gov. Code, ~
emergency
Resubmittal
filing
of disapproved
(Gov. Code,
or
§11346.1)
withdrawn o ocher {sPe~~~> Wafer Code Section 1058.5

4. ALL BEGINNING AND ENDING DATES OF AVAILABILITY OF MODIFIED REGULATIONS AND/OR MATERIAL ADDED TO THE RULEMAKING FILE (Cal. Code Regs. line 1, §44 and Gov. Code §11347.1)

5. EFFECTIVE DATE OF CHANGES (Gov. Code, §§ 11343.4, 11346.1(d}; Cai. Code Regs., title 1, §100 ) Effective January 1, April 1, July 1, or x Effective on filing with §100 Changes Without Effective other October 1 (Gov. Code §11343.4(a)) ❑Secretary of State ❑Regulatory Effect ❑(Specify)

6. CHECK IF THESE REGULATIONS REQUIRE NOTICE T0, OR REVIEW, CONSULTATION, APPROVAL OR CONCURRENCE BY, ANOTHER AGENCY OR ENTITY Department of Fnance (Form STD. 399) {SAM §6660) ~ Fair Political Practices Commission ~ State Fire Marshal Other {Specify)

7. CONTACT PERSON TELEPHONE NUMBER FAX NUMBER {Optional) E-MAIL ADdRESS (Optional) Garrett Lenahan 916 341-5179

8. (certify
of the regulation{s)
that the attached
identified
copy
on
of the regulations) is a true and correct copy For use by Office of Administrative Law (OAL) only this form, that the information specified on this form is true and correct, and #hat I am the head of the agency taking this action, or a designee of the head of the agency, and am authori2ed to make this certification.

SIGNATURE OF AGENCY HEAD OR DESIGNEE PATE
Eric Oppenheimer °'g J.~te:20]IA6➢614:24:44 7a1ySgnedbyEncOp°~ibe -0]'00'1nef 6/612022

TYPED NAME AND TITLE OF SIGNATORY
Eric Oppenheimer, Chief Deputy Director, State Water Resources Control Board

ADOPTED EMERGENCY REGULATION TEXT
Title 23. Waters
Division 3. State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 3.5. Urban Water Use Efficiency and Conservation Article. 2. Prevention of Drought Wasteful Water Uses
996. Urban Drought Response Actions
~a) As used in this section:
(1) "Commercial, industrial and institutionaP' refers to commercial water users, industrial water users, and .institutional water users as respectively defined in Water Code, section 10608:12. subdivisions (e), {i ,and (j), and includes homeowners' associations, common interest developments, community service organizations, and other similar entities but does not include the residences of these entities' members or separate interests. ~2) "Common interest development' has the same meaning as in section 4100 of the Civil Code.
~3) "Community service organization or similar entity" has the same meaning as in :section 4110 of the Civi( Code.
~4) "Homeowners' association" means an "association" as defined in section 4080 of the Civil Code.
(5} "Non-functional turf" means turf that is solely ornamental and not rec~ularly used for human recreational purposes or for civic or community events. Non-functional turf does not include sports fields and turF that is regularly used for human recreational purposes or for civic or community events.
(6} "Plant factor" has the same meaninct as in section 491. ~7) "Separate interest" has the same meaning as in section 4185 of the Civil Code. (8) "Turf" has the same meaning as in section 491.
(9} "Urban water supplier" has the same meaning as Water Code section 10617. (10) "Water shortage contingenc rLplan" means the plan required by Water Cade section 10632.
(b) Each urban water supplier shall submit to the Department of Water Resources a preliminary annual water su~ply and demand assessment consistent with section 10632.1 of the Water Cade no later than June 1 2022 or the effective date of this section whichever comes later, and submit a final annual water supply and demand assessment to the Department of Water Resources no later than the deadline set by section 10632.1 of the Water Code.
(i) The supplier's annual water supply and demand assessment submitted to the Department of Water`Resources demonstrates an ability to maintain reliable suppix until September 30, 2023.

Department of Water Resources.
(iii) The supplier's average number of gallons of water used per person per day by to twenty (20) gercent (Level ~, implement at a minimum the following actions:
(1) Initiate a public information and outreach campaign for water conservation and promptly and effectively reach the supplier's customers, using efforts such as ema papermail, bill inserts, customer app notifications, news articles, websites, comma events radio and television billboards and social media. potable water befinreen the hours of 10:00 a.m. and 6:00 p.m.

Level 2~
(2 Notwithstanding subdivision (c)(1), urban water suppliers shall not be required to implement new residential connection moratoria pursuant to this section. residential customers for the year 2020 is below 55 gallons, as reported to the Board in the :Electronic Annual Report.
has authority to enforce, as infractions, the prohibitions in section 995 and takes enforcement against violations.
(e) t1) To prevent the unreasonable use of water and to promote water conservation, the use: of potable water is prohibited for the irrigation of non-functional turf at commercial, industrial and institutional sites.
(2~ Notwithstanding subdivision (e)(1~, the use of water is not prohibited by this section to the extent necessary to ensure the health of trees and other perennial non-turf plantings or to the extent necessary to address an immediate health and safety need. (3) Notwithstanding subdivision (e)(1 ~, an urban water supplier may approve a request for continued irrigation of non-functional turFwhere the user certifies that the turf is a low water use plant with a plant factor of 0.3 or less, and demonstrates the actual use is less than 40% of reference evapotranspiration.
criminal
(g) A decision or order issued under this section ~ the Board, or an officer or employee the Board, is subject to reconsideration under article 2 (commencing with section 1122) c chapter 4 of part 1 of division 2 of the Water Code.

Authority: Section 105$.5, Water Code.

References: Article X Section 2 California Constitution' Sections 4080 4100 4110 and 4185 Civil Gode~ Section 8627.7 Government Code' Sections 102 104 105 275 350

3.77, 491, 1058.5, 1122. 10608.12, 10617, 10632, and 10632.1, Water Code; Lic~hf v. Sf~ Water Resources Control Board (2Q14) 226 Cal.App.4th 1463; Stanford Vina Ranch lrrigation Co. v. State of California (20201 50 Cal.App.5th 976

DRINKING WATER CONSTRUCTION
LOAN
AGREEMENT NO. SWRCB0000000000D2002017
by and between
CITY OF PORTERVILLE (“Recipient”)
and
CALIFORNIA STATE WATER RESOURCES CONTROL BOARD (“State Water Board”) for the purpose of the

AKIN/CENTRAL WATER CONSOLIDATION PROJECT
5410010-018C AND 5400655-001C (“Project”)
• Section 116760 et seq. of the Health and Safety Code and Resolution Nos. 2019-0065 and 2020- 0022.

PROJECT FUNDING AMOUNT: $4,787,664
PRINCIPAL FORGIVENESS COMPONENT: $4,787,664
ESTIMATED REASONABLE PROJECT COST: $4,787,664
ELIGIBLE WORK START DATE: JULY 1, 2016
ELIGIBLE CONSTRUCTION START DATE: SEPTEMBER 22, 2020
CONSTRUCTION COMPLETION DATE: OCTOBER 1, 2023
FINAL REIMBURSEMENT REQUEST DATE: APRIL 1, 2024
RECORDS RETENTION END DATE: OCTOBER 1, 2059
City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017